Secretly Recorded Conversations and the European Convention on Human Rights: Khan v UK
| Author | Susan Nash |
| Published date | 01 December 2000 |
| Date | 01 December 2000 |
| DOI | http://doi.org/10.1177/136571270000400404 |
| Subject Matter | Case Note |
CASE
NOTE
Secretly recorded conversations and the
European Convention on Human Rights:
Khan
v
UK
0y
Susan
Nash
University
of
Westminster
he use of intrusive surveillance techniques by prosecuting authorities
represents a serious threat to individual privacy and, in a liberal
democracy, requires regulation by clear, precise legal rules. In order
to provide protection against arbitrary interference by public authorities,
Article
8
of the European Convention on Human Rights (the Convention)
imposes strict standards on the regulation and supervision of covert methods
of criminal investigation. Article
8
provides as follows:
1.
Everyone has the right to respect for his private
. .
.
life,
. .
.
and his correspondence.
2.
There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the law
and is necessary in a democratic society in the interests of
national security, public safety
or
the economic well-being
of the country, for the prevention of disorder
or
crime, for the
protection of health
or
morals,
or
for the protection of the rights
and freedoms
of
others.
In
Khan
v
UK,'
the United Kingdom was criticised by the European Court of
Human Rights (the Court) for failing to ensure that domestic law regulating
1
Application
No.
35394/97.
r
268
THE
INTERNATIONAL
JOURNAL
OF
EVlDENCE
&
PROOF
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