K.U. v. FINLAND View

Notes

Date	02/12/2008
AppNr	2872/02
Body	Court (Fourth Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	41; 8
Violated / NonViolated	8
Citations	8

Conclusions:

Non-pecuniary damage - award
Violation of Art. 8

Keywords:

(art. 8) right to respect for private and family life
margin of appreciation
positive obligations

ECHR Notes

Originating Body	Court (Fourth Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Selected for publication in Reports of Judgments and Decisions
Language	ENGLISH
Application Number	2872/02
Importance Level	1
Represented by	HUTTUNEN P.
Respondent State	Finland
Date of Judgment	02/12/2008
Conclusion	Violation of Art. 8 ; Non-pecuniary damage - award
Articles	8 ; 41
Separate Opinions	No
Law at Issue	Section 8 of the Finnish Constitution Act; chapter 27, Chapter 38, Article 9 of the Penal Code; Article 3 of the Penal Code; Chapter 5a, section 3, of the Coercive Measures Act; Section 18 of the 1999 Protection of Privacy and Data Security in Telecommunications Act; Section 48 of the Personal Data Act; section 43 of the Personal Files Act; Section 17 of the Exercise of Freedom of Expression in Mass Media Act
Strasbourg Case Law	Airey v. Ireland, judgment of 9 October 1979, Series A no. 32, § 32 ; August v. the United Kingdom (dec.), no. 36505/02, 21 January 2003 ; Christine Goodwin v. the United Kingdom [GC], no. 28957/95, § 74, ECHR 2002-VI ; Copland v. the United Kingdom, no. 62617/00, §§ 50-51, ECHR 2007-... ; M.C. v. Bulgaria, no. 39272/98, §§ 150, 153, ECHR 2003-XII ; Osman v. the United Kingdom, judgment of 28 October 1998, Reports 1998-VIII, § 128 ; Sallinen and Others v. Finland, no. 50882/99, §§ 102 and 110, 27 September 2005 ; Stubbings and Others v. the United Kingdom, 22 October 1996, § 64, Reports 1996-IV ; X and Y v. the Netherlands, judgment of 26 March 1985, Series A no. 91, 22-24, 27
External Sources	The CoE Committee of Ministers’ Recommendation No. R (89) 9 on computer-related crime and Recommendation No. R (95) 13 concerning problems of criminal procedure law connected with information technology; the Convention on Cybercrime; the UN General Assembly resolutions 55/63 of 4 December 2000 and 56/121 of 19 December 2001 on “Combating the criminal misuse of information technologies”; EU Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks
Keywords	"(Art. 8) RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE" "MARGIN OF APPRECIATION" "POSITIVE OBLIGATIONS"

Application Documents 1

K.U. v. FINLAND

Court (Fourth Section) Decision

27/06/2006

References 9

	4 COPLAND v. THE UNITED KINGDOM 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	03/04/2007
	12 PETRI SALLINEN AND OTHERS v. FINLAND 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	27/09/2005
	66 M.C. v. BULGARIA 3, 8 Court (First Section) Judgment (Merits and Just Satisfaction)	04/12/2003
	14 AUGUST v. THE UNITED KINGDOM Court (Fourth Section) Decision	21/01/2003
	148 CHRISTINE GOODWIN v. THE UNITED KINGDOM 8, 12, 13 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	11/07/2002
	208 OSMAN v. THE UNITED KINGDOM 6-1, 2, 8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/10/1998
	121 STUBBINGS AND OTHERS v. THE UNITED KINGDOM 6-1, 8, 14 Court (Chamber) Judgment (Merits)	22/10/1996
	94 X AND Y v. THE NETHERLANDS 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	26/03/1985
	66 X. contre les PAYS-BAS COMMISSION Decision	18/09/1961

1–2 of 2

Citations 2

	MOSLEY v. THE UNITED KINGDOM 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	10/05/2011
	4 KÖPKE v. GERMANY Court (Fifth Section) Decision	05/10/2010

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