Malone v Metropolitan Police Commissioner
[1979] Ch 344
Ratio Decidendi
Telephone tapping authorised by the Home Secretary's warrant was not unlawful in domestic law because English law contains no general right to privacy. However, the lack of a legal framework regulating interception was a matter of concern.
তথ্য
Mr Malone's telephone was tapped by police on the authority of a warrant issued by the Home Secretary. He argued this violated his rights.
রায়ের সারসংক্ষেপ
Megarry V-C held that telephone tapping was not unlawful in English law. There was no right of privacy in English law, and the tapping did not involve any trespass or other recognised tort. The case subsequently went to the ECtHR.
মূল উদ্ধৃতি
"England is not a country where everything is forbidden except what is expressly permitted: it is a country where everything is permitted except what is expressly forbidden."
— Megarry V-C
পরবর্তী ব্যবহার
Led to Malone v UK (ECtHR) and the Interception of Communications Act 1985.