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128
K.U. v. Finland
2 December 2008
This case concerned an advertisement of a sexual nature posted about a 12-year old boy on an Internet dating site. Under Finnish legislation in place at the time7, the police and the courts could not require the Internet provider to identify the person who had posted the ad. In particular, the service provider refused ...
The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It considered that posting the ad was a criminal act which made a minor a target for paedophiles. The legislature should have provided a framework for reconciling the confidentiality of Internet...
New technologies
Internet
[ "I. THE CIRCUMSTANCES OF THE CASE", "6. The applicant was born in 1986.", "7. On 15 March 1999 an unidentified person or persons placed an advertisement on an Internet dating site in the name of the applicant, who was 12 years old at the time, without his knowledge. The advertisement mentioned his age and year ...
[ "II. RELEVANT DOMESTIC LAW AND PRACTICE", "15. The Finnish Constitution Act ( Suomen hallitusmuoto, Regeringsform för Finland; Act no. 94/1919, as amended by Act no. 969/1995) was in force until 1 March 2000. Its section 8 corresponded to Article 10 of the current Finnish Constitution ( Suomen perustuslaki, Finla...
technology_data
165
K.H. and Others v. Slovakia
28 April 2009
The applicants, eight women of Roma origin, could not conceive any longer after being treated at gynaecological departments in two different hospitals, and suspected that it was because they had been sterilised during their stay in those hospitals. They complained that they could not obtain photocopies of their medical...
The Court held that there had been a violation of Article 8 (right to private and family life) of the Convention in that the applicants had not been allowed to photocopy their medical records. It found that, although subsequent legislative changes compatible with the Convention had been introduced, that had happened to...
Health
Access to personal medical records
[ "I. THE CIRCUMSTANCES OF THE CASE", "6. The applicants are eight female Slovakian nationals of Roma ethnic origin.", "A. Background to the case", "7. The applicants were treated at gynaecological and obstetrics departments in two hospitals in eastern Slovakia during their pregnancies and deliveries. Despite c...
[ "II. RELEVANT DOMESTIC LAW", "A. Code of Civil Procedure", "28. Article 3 guarantees to everyone the right to seek judicial protection of a right which has been placed in jeopardy or violated.", "29. Under Article 6, courts shall proceed with a case in cooperation with the parties in a manner permitting the s...
health_life
166
K.H. and Others v. Slovakia
28 April 2009
The applicants, eight women of Roma origin, could not conceive any longer after being treated at gynaecological departments in two different hospitals, and suspected that it was because they had been sterilised during their stay in those hospitals. They complained that they could not obtain photocopies of their medical...
The Court held that there had been a violation of Article 8 of the Convention in that the applicants had not been allowed to photocopy their medical records. It considered in particular that persons who, like the applicants, wished to obtain photocopies of documents containing their personal data, should not have been ...
Personal data protection
Access to personal data
[ "I. THE CIRCUMSTANCES OF THE CASE", "6. The applicants are eight female Slovakian nationals of Roma ethnic origin.", "A. Background to the case", "7. The applicants were treated at gynaecological and obstetrics departments in two hospitals in eastern Slovakia during their pregnancies and deliveries. Despite c...
[ "II. RELEVANT DOMESTIC LAW", "A. Code of Civil Procedure", "28. Article 3 guarantees to everyone the right to seek judicial protection of a right which has been placed in jeopardy or violated.", "29. Under Article 6, courts shall proceed with a case in cooperation with the parties in a manner permitting the s...
technology_data
189
Volodina v. Russia
14 September 2021
This case concerned the applicant’s allegation that the Russian authorities had failed to protect her against repeated acts of cyberharassment. She submitted, in particular, that her former partner had used her name, personal details and intimate photographs to create fake social media profiles, that he had planted a G...
The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that the Russian authorities had failed to comply with their obligations under that provision to protect the applicant from severe abuse. It noted, in particular, that, despite having the legal too...
New technologies
Online harassment
[ "2. The applicant is Ms Valeriya Igorevna Volodina; she is a Russian national who was born in 1985 and lives in an undisclosed location in Russia. In 2018, fearing for her safety, she obtained a legal change of name (see Volodina v. Russia, no. 41261/17, § 39, 9 July 2019). Her old name is used in the judgment to p...
[ "RELEVANT LEGAL FRAMEWORK", "United nations", "22. The 2015 report by the UNESCO-ITU Broadband Commission for Digital Development’s Working group on Broadband and Gender, “Cyberviolence against Women and Girls: A World-wide Wake-up Call” [1], observes that “violence online and offline, or ‘physical’ violence ag...
technology_data
235
Ruotsalainen v. Finland
16 June 2009
"The applicant was running his van on fuel that was more leniently taxed than the diesel oil he shou(...TRUNCATED)
"The Court held that had been a violation of Article 4 (right not to be tried or punished twice) of (...TRUNCATED)
Taxation and the European Convention on Human Rights
Right not to be tried or punished twice (Article 4 of Protocol No. 7)
["I. THE CIRCUMSTANCES OF THE CASE","5. The applicant was born in 1969 and lives in Lapinlahti.","6.(...TRUNCATED)
["II. RELEVANT DOMESTIC LAW AND PRACTICE","16. The Finnish system relating to the use as motor fuel (...TRUNCATED)
economy_labour
238
Khmel v. Russia
12 December 2013
"At the time of the facts, the applicant was a member of the Murmansk regional legislature. He was t(...TRUNCATED)
"The Court held that there had been a violation of Article 8 (right to respect for private life) of (...TRUNCATED)
Right to the protection of one’s image
Persons arrested or under criminal prosecution
["I. THE CIRCUMSTANCES OF THE CASE","4. The applicant was born in 1960 and lives in Murmansk. At the(...TRUNCATED)
["II. RELEVANT DOMESTIC LAW","A. Code of Administrative Offences of the Russian Federation","29. The(...TRUNCATED)
technology_data
476
Delfi AS v. Estonia
16 June 2015 (Grand Chamber)
"This was the first case in which the Court had been called upon to examine a complaint about liabil(...TRUNCATED)
"The Court held that there had been no violation of Article 10 (freedom of expression) of the Conven(...TRUNCATED)
New technologies
Internet
["I. THE CIRCUMSTANCES OF THE CASE","10. The applicant company is a public limited liability company(...TRUNCATED)
["II. RELEVANT DOMESTIC LAW AND PRACTICE","33. The Constitution of the Republic of Estonia ( Eesti V(...TRUNCATED)
technology_data
486
García Mateos v. Spain
19 February 2013
"This case concerned a supermarket employee, who asked for a reduction in her working time because s(...TRUNCATED)
"The Court held that there had been a violation of Article 6 § 1 (right to a fair hearing within a (...TRUNCATED)
Work-related rights
Reconciling professional and family life
["I. THE CIRCUMSTANCES OF THE CASE","5. The applicant was born in 1965 and lives in Perales Del Río(...TRUNCATED)
["II. RELEVANT DOMESTIC LAW AND PRACTICE","...","1 8. The relevant provisions of the Institutional L(...TRUNCATED)
economy_labour
581
D. v. the United Kingdom
2 May 1997
"The applicant, originally from St Kitts (in the Caribbean), was arrested for cocaine possession upo(...TRUNCATED)
"The Court emphasised that aliens who had served their prison sentences and were subject to expulsio(...TRUNCATED)
Health
Deportation of seriously ill persons
["I. Particular circumstances of the case","A. The applicant","6. The applicant was born in St Kitts(...TRUNCATED)
["II. Relevant domestic law and practice","22. The regulation of entry into and stay in the United K(...TRUNCATED)
health_life
583
N. v. the United Kingdom
27 May 2008 (Grand Chamber)
"The applicant, a Ugandan national, was admitted to hospital days after she arrived in the UK as she(...TRUNCATED)
"The Court noted that the United Kingdom authorities had provided the applicant with medical treatme(...TRUNCATED)
Health
Deportation of seriously ill persons
["I. THE CIRCUMSTANCES OF THE CASE","8. The applicant was born in Uganda in 1974. She currently live(...TRUNCATED)
["THE LAW","I. ADMISSIBILITY OF THE COMPLAINTS","20. The applicant complained that, given her illnes(...TRUNCATED)
health_life
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