Enforcing legal protection against online violation of privacy

Abstract

A main point of this paper is that the illegal material represents an ongoing violation of the child’s right to private life, as laid down in the European Convention of Human Rights (‘the ECHR’) Article 8 ‘right to respect for private life’.1 It gives cause to question whether the State has an obligation to implement filters on the Internet in order to secure the child’s right to private life, as per the positive obligation emanating from Article 8.1 in conjunction with Article 1.