A private and family life

Nobody should be able to secretly watch what we’re doing without good reason – and we have the right to enjoy a family life in the way we choose.

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Article 8 of the Human Rights Act protects our privacy, our family life, our home and our communications.

It’s been used by families who’ve been unlawfully spied on by councils, won crucial rights for LGBT+ and trans people and defended our fundamental freedoms in the face of increasingly authoritarian mass surveillance.

It means the State must not interfere with your right to privacy – though this can be limited in certain circumstances.

Your private life

The right to a private life protects your dignity and autonomy (your right to be independent and make your own decisions about your life).

Your family life

There’s no set model of a family or family life. It includes any stable relationship – like those between romantic partners, parents and children, siblings or grandparents and grandchildren.

People often depend on this right when the State tries to separate family members – for example, by taking children into care or deporting somebody.

Respect for your home

You have a right not to have your home life interfered with, including by unlawful surveillance, unlawful entry and evictions which don’t follow a proper process.

Respect for your correspondance

You have the right to uninterrupted and uncensored communication with others – a right that’s particularly relevant when challenging phone tapping and the reading of your private communications.

Limitations

Article 8 can be limited in certain circumstances – but any limitation must balance the interests of an individual and of the community as a whole.

In particular, any limitation must be: