400. Press intrusion.

Article 8¹ affords protection to information in respect of which there is a reasonable expectation of privacy, even in circumstances where there is no pre-existing relationship giving rise of itself to an enforceable duty of confidence². This includes sexual activity, especially if it is on private property and between consenting adults (and whether or not involving prostitution)³. Special considerations apply to photographs, which can be particularly intrusive and give access to scenes where those photographed could reasonably expect that their appearances or actions would not be brought to the notice of the public⁴, and because of the insight they