Police drop BT-Phorm probe

[Nicholas Bohm]

Igor Mozolevsky wrote:
> 2008/9/24 Nicholas Bohm <nbohm@ernest.net>:
>> Igor Mozolevsky wrote:
>>> IANAL, but there could possibly be a case to answer under ECHR Article
>>> 8 against BT/Phorm?
>> Not directly, as BT isn't a public authority.  One would have to argue that
>> the UK had failed to comply with an Art 8 duty to protect privacy.  I feel
>> this is all rather indirect.
> 
> AFAIK, ECHR can be applied horizontally to private parties.

Some academics have argued this, although I think the debate has died 
down; but I'm not aware of any decided cases.  I wouldn't put money on it.

Nick
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