Cases

Gillan & Quinton v UK

Comment

A powerful judgment from Strasbourg. With respect to Article 8, the Court rejected the government’s argument that a superficial search undertaken in a public place could not amount to an interference with an individual’s right to privacy. Building on dicta from Peck v UK that certain incidents which take place in public can still fall within the ambit of Article 8, it held that “Although the search is undertaken in a public place, this does not mean that Article 8 is inapplicable. Indeed, in the Court’s view, the public nature of the search may, in certain cases, compound the seriousness of the interference because of an element of humiliation and embarrassment.”

Home Secretary Alan Johnson said that the Home Office is to seek referral of the case to the European Court's Grand Chamber.

Areas of work

Human Rights
Privacy and Confidence

Also