M.P. v. PORTUGAL - 27516/14 (Judgment : No Article 8 - Right to respect for private and family life : Fourth Section) French Text [2021] ECHR 732 (07 September 2021)

M.P. v. PORTUGAL - 27516/14 (Judgment : No Article 8 - Right to respect for private and family life : Fourth Section) French Text [2021] ECHR 732 (07 September 2021)

The Court found that Portugal provided an adequate legal framework for the protection of private life and correspondence, that the applicant had access to remedies, and that the domestic courts properly balanced the competing interests. The effects of the disclosure were limited, as the messages were only used in...

Source-derived case information.

Citation
[2021] ECHR 732
Parties
Applicant: M. P.; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
No violation of Article 8 ECHR found.
Legal Topics
Right to Respect for Private and Family Life, Protection of Correspondence, Divorce Proceedings, Parental Authority, Obligations of the State Under Article 8, Disclosure of Private Communications
Human Rights Law Family Law Criminal Law Right to Respect for Private and Family Life Protection of Correspondence Divorce Proceedings Parental Authority Obligations of the State Under Article 8 +1 more

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Parties

M. P.

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the State failed its positive obligations under Article 8 ECHR to protect the applicant's right to respect for private life and correspondence when her ex-husband accessed and disclosed her private electronic messages in family proceedings.

Ratio Decidendi

The Court found that Portugal provided an adequate legal framework for the protection of private life and correspondence, that the applicant had access to remedies, and that the domestic courts properly balanced the competing interests. The effects of the disclosure were limited, as the messages were only used in confidential civil proceedings and not examined on the merits. Therefore, there was no violation of Article 8.

Court Disposition

No violation of Article 8 ECHR found.