The government may be abusing the Human Rights Act as a
result of recent government data breaches, says areportfrom the parliamentary Joint
Committee On Human Rights.
Personal data must be handled in accordance with the Data
Protection Act (DPA). The Human Rights Act (HRA) safeguards the
right to respect for
personal information and lapses in data protection may
contravene the HRA, says the committee.
"The committee has repeatedly expressed concerns - mostly
rejected by the government - about the
adequacy of safeguards on the sharing of personal information
in specific bills," says the report.
The report goes on, "The committee agrees with the Information
Commissioner that data sharing is not, in human rights terms,
objectionable in itself. But it inevitably raises human rights
concerns. Government must show that any proposal for data sharing
is justifiable and proportionate and that appropriate safeguards
are in place."
Once reviews of data protection legislation and practice have
been completed, the committee expects the government to take action
"to foster a positive culture for the protection of personal data
by public sector bodies".
Anyone affected by recent government data breaches could use the
Committee on Human Rights report to support legal action brought
against the government.