Report of the Independent Surveillance Review
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individual rights set out in the ECHR, and must ensure that their decisions are compliant
with human-rights legislation.
4.10
In particular, decisions must be compliant with Article 8 of the ECHR, containing the
qualified right to the protection of privacy:
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4.11
Everyone has the right to respect for his private and family life, his home and
his correspondence
There shall be no interference by a public authority with the exercise of this right
except 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 wellbeing of the country, for the prevention of disorder or crime, for the protection
of health or morals, or for the protection of the rights and freedoms of others.
Among other things, it also means that individuals can take human-rights cases to
domestic courts rather than having to take their case to the ECtHR.
The Data Protection Act 1998
4.12
The DPA 1998 confers on individuals certain rights, including the right to know what
information is held about them; it also placed obligations on persons, organisation,
businesses and the government to manage the personal information they hold in an
appropriate way. These data controllers must comply with eight ‘data protection
principles’, ensuring information is:4
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Used fairly and lawfully
Used for limited, specifically stated purposes
Used in a way that is adequate, relevant and not excessive
Accurate and up-to-date
Kept for no longer than is absolutely necessary
Handled according to people’s data-protection rights
Kept safe and secure
Not transferred outside the UK without adequate protection.
4.13
A new role in the form of the Information Commissioner was created by the DPA 1998 in
order to oversee compliance with the Act.
4.14
The DPA 1998 covers personal data held on computer and in manual files, and also
imposes restrictions on the transfer of data outside the European Economic Area, which
has particular implications for placing material on the Internet. The DPA 1998 provides
stronger legal protection for more sensitive information, such as ethnic background,
political opinions, religious beliefs, health, sexual health and criminal records.
4.
Gov.uk, ‘Data Protection’, <https://www.gov.uk/data-protection/the-data-protection-act>.