1.1 Defining privacy

Before considering the extent to which privacy is protected in UK law we first need to understand exactly what privacy means and what a right to privacy protects. As with many human rights, privacy is difficult to define. There are many definitions of privacy, and in Activity 1 we look at some of these definitions, which should help you to understand what is meant by the term.

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5 Review of the learning outcomes

You should now:

  • understand the historical growth of the idea of human rights;

  • be aware of the international context of human rights;

  • be aware of the position of the UK prior to 1998;

  • understand the importance of the Human Rights Act 1998;

  • have practised analysing and evaluating concepts and ideas;

  • have started to see links with the core concepts of rules, right and ju
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4.3 Summary of Part C

In Part C you explored the relationship between UK law and human rights. You learnt about the historical approaches taken to rights in the UK, that individuals could do as they please unless there was a law restricting or preventing that conduct. The UK had been a signatory to the ECHR for many years before passing the Human Rights Act. Through activities you explored the debate on incorporation of the ECHR and its perceived effect.

4.2 Effect of the ECHR on English law prior to the Human Rights Act 1998

The Human Rights Act 1998 (HRA) received the Royal Assent on 9 November 1998, and the main provisions were brought into effect on 2 October 2000. However, the UK had by then been a signatory to and had ratified the ECHR for nearly fifty years. What was the effect, if any, of the Convention on UK domestic law? We have already noted the supremacy of Parliament as the main law-making body in the UK. Under English law international treaties do not become part of domestic law unless and until some
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