Judgment Approved by the court for handing down.
Davis & Ors v SSHD
“1. Everyone has the right to the protection of personal data
concerning him or her.
2. Such data must be processed fairly for specified purposes
and on the basis of the consent of the person concerned or some
other legitimate basis laid down by law. Everyone has the right
of access to data which has been collected concerning him or
her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an
independent authority.”
The first of these Articles is in identical terms to Article 8(1) of the ECHR, except
that the word “correspondence” is replaced by “communications”. The second has no
counterpart in the ECHR.
6.
In Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo
Ltd) [2012] 1 WLR 3333 Lord Kerr of Tonaghmore JSC, with whom the other
Justices of the Supreme Court agreed, said at paragraphs 27-28:“The Charter was given direct effect by the adoption of the
Lisbon Treaty in December 2009 and the consequential
changes to the founding treaties of the EU which then occurred.
Article 6(1) of the Treaty on European Union (TEU) now
provides:
"The Union recognises the rights, freedoms and principles
set out in the Charter of Fundamental Rights of the European
Union of 7 December 2000, as adapted at Strasbourg, on 12
December 2007, which shall have the same legal value as the
Treaties.
The provisions of the Charter shall not extend in any way
the competences of the Union as defined in the Treaties.
The rights, freedoms and principles in the Charter shall be
interpreted in accordance with the general provisions in Title
VII of the Charter governing its interpretation and
application and with due regard to the explanations referred
to in the Charter, that set out the sources of those
provisions."
Although the Charter thus has direct effect in national law, it
only binds member states when they are implementing EU law
- article 51(1). But the rubric, "implementing EU law" is to be
interpreted broadly and, in effect, means whenever a member
state is acting "within the material scope of EU
law"…….Moreover, article 6(1) of TEU requires that the
Charter must be interpreted with "due regard" to the
explanations that it contains.”