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The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. [1] Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights.
Article 8 of the European Convention on Human Rights was incorporated into English domestic law by the Human Rights Act 1998. Article 8 provides that everyone has the right to respect for his private and family life, his home and his correspondence.
The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developing the common law. [2]
Misuse of private information is a new common law tort that English courts recognised in Campbell v MGN Ltd. [1] Arising as a branch of the law relating to breach of confidence, it has been reinforced by Article 8 of the European Convention on Human Rights, supplemented by s. 6 of the Human Rights Act 1998, which obliges public institutions (including the courts) not to act inconsistently with ...
Campbell sought damages under the English law through her lawyers Schillings, which engaged Richard Spearman QC and instigated a claim for breach of confidence by engaging Article 8 of the Human Rights Act. That would require the court to comply with the European Convention on Human Rights (ECHR).
English: An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes.
Furthermore, Article 8 sometimes comprises positive obligations: whereas classical human rights are formulated as prohibiting a State from interfering with rights, and thus not to do something (e.g. not to separate a family under family life protection), the effective enjoyment of such rights may also include an obligation for the State to ...
An Act to make provision about competition and the abuse of a dominant position in the market; to confer powers in relation to investigations conducted in connection with Article 85 or 86 of the treaty establishing the European Community; to amend the Fair Trading Act 1973 [q] in relation to information which may be required in connection with ...