"In a judgment delivered at Strasbourg on 12 May 2000 in the case of Sultan KHAN v. the United Kingdom the European Court of Human Rights held unanimously that there has been violations of Article 8 (right to respect for private and family life)".
This case concerns the use of covert surveillance equipment by the police, which in other countries would be covered by the "law and order" exemptions of Article 8.
However:
"By reference to earlier Convention case-law, the Court found that at the time of the interference with the applicant’s conversations, there had existed no statutory system to regulate the use of covert listening devices. The Home Office Guidelines which existed were neither legally binding nor were they directly publicly accessible. The Court therefore found that the interference with the applicant’s right to respect for his private life and his correspondence was not "in accordance with the law", as required by Article 8 § 2 of the Convention. It therefore found a violation of that provision."
The regulations regarding the use of electronic bugging devices by the police have since been amended.
However, as there is still no law in the UK regulating CCTV Surveillance, and since there is still no Privacy legislation, it means that the "law and order" exemption clause in Article 8 similarly does not apply.
This is still the case now that controversial Regulation of Investigatory Powers Act has been passed.
Therefore, in our opinion, the use of CCTV Surveillance cameras, by the police, or by anybody else such as private companies, or local authorities, also breaches Article 8 of the European Convention on Human Rights.
European Court of Human Rights judgement
full text of the European Convention on Human Rights
"Article 8 – Right to respect for private and family life
1 Everyone has the right to respect for his private and family life, his home and his correspondence.
2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
If you wish to bring a case under the UK Human Rights Act 1998, which came into full force in October 2000, refer to the Home Office Human Rights Unit
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