ECHR: Secret listening device invades privacy

[Ian Brown]

Does RIP meet this test: "Moreover, the law must be sufficiently clear in=

its terms to give individuals an adequate indication as to the
circumstances in which and the conditions on which public authorities wer=
e
entitled to resort to such covert measures: see Malone v United Kingdom N=
o
8691/79 (paragraph 67, European Court of Human Rights, 1984)." ?
--
Secret listening device invades privacy
Khan v United Kingdom =

(Application No 35394/97) =


Before J.-P.Costa, President, and Judges W. Fuhrmann, L. Loucaides, P.
Kuris, Sir Nicolas Bratza, H. S. Greve and K. Traja =


Section Registrar: S. Doll=E9 =


[Judgment May 12, 2000] =


As domestic law did not regulate the use of covert listening devices at t=
he
time of the applicant's conviction, the European Court of Human Rights he=
ld
unanimously that the applicant's right to respect for private and family
life, as guaranteed by article 8 of the European Convention of Human
Rights, had been violated. =


Furthermore, as the applicant did not have an effective remedy in respect=

of his claim under article 8, the Court also held unanimously that articl=
e
13 of the Convention had been breached...

http://www.sunday-times.co.uk:80/news/pages/Tuesday-Times/timlawech01001.=
html