Question 1
AdvancedContext of Data Protection Legislation · Concepts of data protection and privacy
A local municipal council, the Borough of Oakhaven, installs covert surveillance cameras in a public park to identify individuals engaging in persistent fly-tipping (illegal waste dumping). A local civil liberties group challenges this action, citing a breach of the individuals' right to respect for private and family life. Under the context of the Human Rights Act 1998 and the European Convention on Human Rights (ECHR), which of the following statements is technically accurate regarding this scenario?
Answer and explanation
Correct answer: C
Article 8 of the European Convention on Human Rights (ECHR) provides the right to respect for private and family life, home, and correspondence. However, it is a 'qualified' right, not an absolute one. This means a public authority can sometimes interfere with this right if it is in accordance with the law, pursues a legitimate aim (such as the prevention of crime), and is necessary and proportionate. Covert surveillance must be heavily justified but is not inherently forbidden in all circumstances.
