How might this right be relevant to my life?
Some examples of when your right to private and family life, home and correspondence might be at risk include:
- If your wellbeing (mental or physical health) is at risk.
- If you are not being involved in decisions over your own body and life, including your care or treatment.
- If a public authority is interfering with your right to determine your sexual orientation, your lifestyle, and the way you look and dress.
- If ongoing contact with family members or relationships with others have been stopped or restricted.
- If there is a big intrusion into your private information or data.
- If a public official discloses your confidential information.
Can my right to respect for private and family life, home and correspondence be restricted by a public official?
Yes - our right to respect for private and family life, home and correspondence is a non-absolute right. If a public official is deciding to restrict your right, they must go through a test. They must be able to show that their decision is:
Lawful:
There is a law which allows public officials to take that action or decision.
Legitimate:
There is a good reason (for example public safety or protecting the rights of other people, including your family members or staff).
Proportionate:
They have thought about other things they could do, but there is no other way to protect you or other people. It is the least restrictive option.
You can ask the public official about their decision or action and ask them to tell you how it was lawful, legitimate and proportionate.
If you can think of a way to deal with this situation or decision that is less restrictive to you then you can raise it with the public official as the decision may not be proportionate.
What duties do public officials have?
To respect your right:
This means that public officials should only do things that restrict your right to private and family life when they need to.
To protect your right:
This means that public officials should do things to protect you or other people and make sure you are involved in decisions that affect your life and rights.
To fulfil your right:
This means that when decisions are made about your right and life you must be treated fairly. When things go wrong they should be investigated and steps should be taken to try and stop the same thing happening again.
Watch a video of BIHR staff talking about the right to private and family life, home and correspondence
Related information
Experience-Informed Research
Our policy work is underpinned by people’s lived experience. One of the ways we do this is through experience-informed research on key areas the impact people's lives.
Experience-Informed Research
Our policy work is underpinned by people’s lived experience. One of the ways we do this is through experience-informed research on key areas the impact people's lives.
