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Claims in Respect of Other Surveillance
In respect of all these types of potential interferences with your private life by the state or state agencies (public authorities) there will be a requirement that they must satisfy the requirements of Article 8, that is, any interference is in accordance with the law, for a legitimate objective, and proportionate.
In respect of interference with your private life by private individuals of the types mentioned above, the developing law of breach of confidence could well provide further protection. You may be able to stop distribution of recordings of conversations or events in a public place if it is apparent that the conversation was confidential. The publication of photographs of private acts, obtained for example by a telephoto lens, may be restrained through the breach of confidence doctrine or through claims under the DPA. Even filming of a person or a company’s operations in a public place where the public has free access may amount to an interference with privacy, which could be restrained under the law using Article 8 of the Convention. If you think you have been the subject of surveillance of any type, and you consider that this has breached your privacy, then you may want to take further advice in the light of the latest developments.
