IT Regulatory Compliance in the UK

CHAPTER 12: HUMAN RIGHTS ACT 1998 (THE ‘HRA’)

The HRA was enacted in October 2000. It incorporates into UK law the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’). Most of the rights within the Convention are qualified, insofar as they are subject to limitations if the employer can show necessity to protect the rights and freedom of others. In particular, an employee could argue in a court or tribunal that the employer monitoring or tapping the employee’s work telephone or email or Internet activity was a breach of her/his rights under the Convention.

While there will certainly be a series of court and tribunal cases over the next few years that deal with the conflicts between ...