The HRA
20. Article 8 of the ECHR is a “Convention right” for the purposes of the HRA: s.
1(1) of the HRA. Art. 8, set out in Sch. 1 to the HRA, provides as follows:
“(1) Everyone has the right to respect for his private and family life, his home
and his correspondence.
(2) There shall be no interference by a public authority with the exercise of
this right except 5 such as is in accordance with the law and is necessary in a
democratic society in the interests of national security, public safety or the
economic well-being of the country, for the prevent of disorder or crime, for
the protection of health and morals, or for the protection of the rights and
freedoms of others.”
21. By s. 6(1):
“It is unlawful for a public authority to act in a way which is incompatible
with a Convention right.”
22. Each of the Intelligence Services is a public authority for this purpose. Thus,
when undertaking any activity that interferes with Art. 8 rights, the
Respondents must (among other things) act proportionately and in accordance
with law. In terms of BPD-related activity, the HRA applies at every stage of
the process i.e. authorisation/acquisition, use/access, disclosure, retention and
deletion.
23. S. 7(1) of the HRA provides in relevant part:
“A person who claims that a public authority has acted (or proposes to act) in
a way which is made unlawful by section 6(1) may—
(a) bring proceedings against the authority under this Act in the appropriate
court or tribunal ....”
The DPA
24. Each of the Intelligence Services is a data controller (as defined in s. 1(1) of
the DPA) in relation to all the personal data that it holds. “Personal data” is
defined in s.1(1) of the DPA as follows:
“data which relate to a living individual who can be identifiedi. from those data; or
ii. from those data and other information which is in the possession of, or is
likely to come into the possession of the data controller, and includes any
expression of opinion about the individual and any indication of the intentions
of the data controller or any other person in respect of the individual.”
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