What is a primary concern when balancing Article 8 and Article 10 ECHR?

The primary concern when balancing Article 8 and Article 10 of the European Convention on Human Rights (ECHR) lies in the conflict between the right to privacy as established by Article 8 and the freedom of expression guaranteed by Article 10. Article 8 protects an individual's privacy, family life, home, and correspondence, while Article 10 ensures the right to freedom of expression, which encompasses not just the freedom to hold opinions but also to receive and impart information and ideas without interference.

In legal cases where both articles are invoked, the courts need to carefully assess the specific circumstances to determine which right holds more weight. This evaluation often involves considering factors such as the public interest, the nature of the information in question, and the role of the individual in society. For instance, the privacy of public figures may be subjected to different scrutiny compared to private individuals, especially when the information being published serves a significant public interest.

Therefore, the crux of the matter is the need to find an appropriate balance between these competing rights – maintaining individual privacy while upholding the fundamental freedom of expression, as both rights are essential to a democratic society.