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SERGEJS BUIVIDS v. THE AUGSTĀKĀ TIESA

C-345/17 Case
CJEU
Fundamental rights
AG Opinion
Summary

Right to Privacy: In the present case, it “cannot be ruled out that the recording and publication of the video in question, which took place without the persons concerned being informed of the recording and its purposes, constitutes an interference with the fundamental right to privacy of those persons, namely the police officers featured in that video.” (¶67) The jurisprudence of the European Court of Human Rights on Article 8(1) of the Convention for the Protection of Human Rights and Fundamen

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Right to Privacy: In the present case, it “cannot be ruled out that the recording and publication of the video in question, which took place without the persons concerned being informed of the recording and its purposes, constitutes an interference with the fundamental right to privacy of those persons, namely the police officers featured in that video.” (¶67) The jurisprudence of the European Court of Human Rights on Article 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms would be relevant to determine the balance between the right to privacy and the right to freedom of expression.
¶67 excerpt
In the present case, it is apparent from the documents submitted to the Court that it cannot be ruled out that the recording and publication of the video in question, which took place without the persons concerned being informed of the recording and its purposes, constitutes an interference with the fundamental right to privacy of those persons, namely the police officers featured in that video.

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