Jurisdiction(s):
United Kingdom

ECtHR: covert public-place surveillance by state insurer breached Article 8 absent clear legal basis; courtroom use upheld under Article 6—guidance for personal injury lawyers (Vukota-Bojic v Switzerland)

Published on: 11 November 2016

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Original news Vukota-Bojic v Switzerland (Application no 61838/10)

What were the key issues considered by the European Court of Human Rights (ECtHR)?

In Vukota-Bojic v Switzerland, the ECtHR addressed two principal matters:

whether covertly obtaining surveillance material amounted to a violation of ECHR, art 8 (‘right to respect for private life and family life’), and
if such material was relied upon in legal proceedings, whether that would result in a breach of ECHR, art 6 (‘right to a fair hearing’)

In considering whether security camera footage obtained through covert surveillance constituted an interference with the claimant’s art 8 rights, what were the main factors taken into account (the permanence of the records, refusal of the courts to destruct tapes, etc)?

In essence, the court held that acquiring secret surveillance infringed ECHR, art 8. It confirmed that the scope of ‘private life’ under art 8 remains wide and ‘not susceptible to exhaustive definition’. In assessing whether hidden surveillance footage breached art 8, the court examined:

whether the recordings pursued a legitimate and foreseeable purpose
the systematic or permanent character of collecting such data

...

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