Data Protection & Freedom of Information Office

Human Rights Act 1998

The Human Rights Act (HRA) gives effect in the UK to the fundamental rights and freedoms in the European Convention of Human Rights (ECHR). The law ensures that:

• It is unlawful for any public authority to breach the Convention rights unless an Act of Parliament directs it could not have acted differently;
• Cases can now be dealt with in a UK court or tribunal.

All UK legislation, where possible, must be given a meaning that fits with the Convention rights. Data protection legislation builds on the basic rights enshrined in the HRA. The sixteen basic rights of the ECHR are:

• Article 2 - Right to life
• Article 3 - Prohibition of torture
• Article 4 - Prohibition of slavery and forced labour
• Article 5 - Right to liberty and security
• Article 6 - Right to a fair trial
• Article 7 - Right to no punishment without law
• Article 8 - Right to respect for private and family life
• Article 9 - Right to freedom of thought, conscience, & religion
• Article 10 - Right to freedom of expression
• Article 11 - Right to freedom of assembly and association
• Article 12 - Right to marry
• Article 14 - Right to prohibition of discrimination
• Article 1 of Protocol 1 - Right to protection of property
• Article 2 of Protocol 1 - Right to education
• Article 3 of Protocol 1 - Right to free elections
• Article 1 & 2 of Protocol 6 - Abolition of the death penalty