Data Protection in the United Kingdom: Difference between revisions
| Line 25: | Line 25: | ||
===National constitutional protections=== | ===National constitutional protections=== | ||
'' | As the UK does not have a written constitution, it is difficult to identify "constitutional protection" of rights. However, that is not to say that constitutional protection do not exist generally. There are certain "civil liberties" that have gained a higher level of protection domestically. However, the right to data protection or privacy is not one of them. | ||
The UK has enshrined the European Convention on Human Rights (ECHR) into national law through the [https://www.legislation.gov.uk/ukpga/1998/42/contents Human Rights Act 1998 (HRA)]. The ECHR rights are therefore directly applicable in the UK. This includes Article 8 (right to privacy) which encompasses the right to data protection. According to case law, this Act of Parliament (HRA) has been granted a constitutional status. It cannot be repealed "implicitly" as is normally the case with normal Acts of Parliament (it must be done "explicitly"). This was first outlined in ''[https://www.bailii.org/ew/cases/EWHC/Admin/2002/195.html Thorburn v Sunderland City Council]'' in 2002 and reiterated in ''[https://www.bailii.org/uk/cases/UKSC/2014/3.html HS2 Action Alliance Ltd, R (ex parte) v The Secretary of State for Transport]'' in 2014. Nonetheless, it is important to note that whilst the HRA's constitutional status grants it further protection, it cannot be equated to the protection afforded when a right is enshrined in the written Constitution of a country as the UK Parliament still has the right to create an Act of Parliament that goes against it, so long as it expressly repeals the HRA (principle of parliamentary sovereignty). | |||
===National GDPR implementation law=== | ===National GDPR implementation law=== | ||
Revision as of 13:35, 20 November 2020
| Data Protection in the United Kingdom | |
|---|---|
 | |
| Data Protection Authority: | ICO (UK) |
| National Implementation Law (Original): | Data Protection Act 2018 |
| English Translation of National Implementation Law: | n/a |
| Official Language(s): | English |
| National Legislation Database(s): | Link |
| English Legislation Database(s): | n/a |
| National Decision Database(s): | BAILII |
Legislation
History
You can help us fill this section!
National constitutional protections
As the UK does not have a written constitution, it is difficult to identify "constitutional protection" of rights. However, that is not to say that constitutional protection do not exist generally. There are certain "civil liberties" that have gained a higher level of protection domestically. However, the right to data protection or privacy is not one of them.
The UK has enshrined the European Convention on Human Rights (ECHR) into national law through the Human Rights Act 1998 (HRA). The ECHR rights are therefore directly applicable in the UK. This includes Article 8 (right to privacy) which encompasses the right to data protection. According to case law, this Act of Parliament (HRA) has been granted a constitutional status. It cannot be repealed "implicitly" as is normally the case with normal Acts of Parliament (it must be done "explicitly"). This was first outlined in Thorburn v Sunderland City Council in 2002 and reiterated in HS2 Action Alliance Ltd, R (ex parte) v The Secretary of State for Transport in 2014. Nonetheless, it is important to note that whilst the HRA's constitutional status grants it further protection, it cannot be equated to the protection afforded when a right is enshrined in the written Constitution of a country as the UK Parliament still has the right to create an Act of Parliament that goes against it, so long as it expressly repeals the HRA (principle of parliamentary sovereignty).
National GDPR implementation law
In United Kingdom, the GDPR is implemented by the Data Protection Act 2018.
The application of the GDPR is however limited during the UK's transition period out of the EU (in the context of Brexit). This is clear from Title VII (Articles 70-74) of the Agreement on the Withdrawal of the UK from the EU.
At this point in time, it is uncertain what will happen beyond the end of the transition period (31 December 2020).
Age of consent
The age of consent in English contract law is 18. This is provided for in Article 1 of Family Law Reform Act 1969, which sets the age of majority.
Freedom of Speech
You can help us fill this section!
Employment context
You can help us fill this section!
Research
You can help us fill this section!
Other relevant national provisions and laws
You can help us fill this section!
National ePrivacy Law
You can help us fill this section!
Data Protection Authority
The Information Commissioner’s Office (Information Commissioner’s Office) is the national data protection authority for the United Kingdom.
→ Details see ICO (UK)
Judicial protection
Civil Courts
You can help us fill this section!
Administrative Courts
There is no distinction between Civil and Administrative courts in the UK other than different "Divisions" of the same court.
Constitutional Court
You can help us fill this section!
