ALKAYA v. TURKEY - 42811/06 - HEJUD [2012] ECHR 1790 (09 October 2012)

ALKAYA v. TURKEY - 42811/06 - HEJUD [2012] ECHR 1790 (09 October 2012)

The Turkish courts failed to adequately balance the applicant's right to privacy against the newspaper's freedom of expression, relying solely on her celebrity status and not considering the impact of publishing her address. The State did not provide sufficient and effective protection of her private life, resulting...

Source-derived case information.

Citation
[2012] ECHR 1790
Parties
Applicant: Yasemin Alkaya; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Hearing
Outcome
Violation of Article 8 ECHR found; partial satisfaction awarded
Legal Topics
Right to Respect for Private Life, Right to Respect for Home, Freedom of Expression, Obligations of the State, Protection of Personal Data
Human Rights Privacy Law Media Law Right to Respect for Private Life Right to Respect for Home Freedom of Expression Obligations of the State Protection of Personal Data

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Summary, issues, holding and outcome

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Parties

Yasemin Alkaya

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Full Hearing

  1. 1 Whether the publication of the applicant's home address by a newspaper violated her right to respect for private life and home under Article 8 ECHR
  2. 2 Whether the State failed in its positive obligation to protect the applicant's privacy against media intrusion

Ratio Decidendi

The Turkish courts failed to adequately balance the applicant's right to privacy against the newspaper's freedom of expression, relying solely on her celebrity status and not considering the impact of publishing her address. The State did not provide sufficient and effective protection of her private life, resulting in a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; partial satisfaction awarded

Orders

  • State to pay applicant 7,500 EUR for moral damages within three months, convertible to Turkish lira at the applicable rate.
  • Interest at the ECB marginal lending facility rate plus three percentage points to accrue after three months until payment.