Council of Europe. Human rights / constitutional. Treaty

ECHR Art 8Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), Article 8

In force

§1Summary

Synopsis

Article 8 protects respect for private and family life, home and correspondence. A state may interfere only where the interference is in accordance with the law, pursues a listed legitimate aim and is necessary in a democratic society. The Strasbourg Court enforces it through binding judgments against the 46 member states.

Key themes
  • private life
  • correspondence
  • surveillance
  • legality
  • necessity and proportionality
  • positive obligations
Unique features

It has a large body of case law on surveillance and data retention (e.g. S. and Marper, Big Brother Watch, Centrum för Rättvisa). Article 8 has been read to include data protection, and it informs the interpretation of the EU Charter (Art 52(3)).

SaaS relevance

It binds states only, but it drives national law on employee monitoring, surveillance and data retention that affects SaaS providers.

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
Just satisfaction awarded against states

§3Dates

Key dates
  • Adopted
  • In force
  • ETS No. 005; signed in Rome on 1950-11-04; in force 1953-09-03

§4Text and authority

Text
Authority
European Court of Human Rights

§5Where it applies

Members of the body

Membership-based — check ratification status. Membership of Council of Europe does not mean a state has signed or ratified this instrument.

§6Sources and verification

Sources consulted
Verification

High confidence.

The CIPP/E project holds a copy (1950ECHR.pdf). Russia ceased to be a party on 2022-09-16.