Human Rights Act 1998. 4.4.1. Under Article 8 of the Human Rights Act 1998, all data subjects have a right to respect for their private and family life, home and correspondence.
Human Rights Act 1998. The Service Provider must not act in any way in carrying out the Service which is incompatible with the human rights of any service user (or any other third party) under the Human Rights Act 1998.
Human Rights Act 1998. The Parties shall and shall ensure that their respective officers, employees, agents and subcontractors shall act at all times in a way which is compatible with the Convention Rights within the meaning of the Human Rights Act 1998.
Human Rights Act 1998. 25.1 The Service Provider acknowledges that in relation to its obligations under this Contract it may be subject to the provisions of the Human Rights Act 1998 and the Service Provider agrees that it will:-
Human Rights Act 1998. The Human Rights Act (1998) incorporates into our domestic law certain articles of the European Convention on Human Rights (ECHR). The Act requires all domestic law to be read compatibly with the Convention Articles. It also places a legal obligation on all public authorities to act in a manner compatible with the Convention. Should a public authority fail to do this then it may be the subject of a legal action under section 7. This is an obligation not to violate Convention Rights and a positive obligation to uphold these rights. The sharing of information between agencies has the potential to infringe a number of Convention Rights. Whilst Article 3 (Freedom from torture or inhumane or degrading treatment) and Article 1 of Protocol 1 (Protection of Property) may be infringed, the most likely infringement would be to Article 8 (Right to respect for private and family life). Article 8.1 provides that “everyone has the right to respect for his private and family life, his home and his correspondence”.
Human Rights Act 1998. 22.1 The Provider shall, at all times when providing the Services act in a way that is compatible with the Convention Rights within the meaning of Section 1 of the Human Rights Act 1998.
Human Rights Act 1998. As well as satisfying the Data Protection Principles, partners recognise that any disclosures they make must also be compatible with a person’s ‘right to a private life’, as described in Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The Human Rights Act 1998 gives effect in UK law the rights contained in the ECHR. Article 8 of the ECHR gives a person the right to respect for his/her private life, family life, home and correspondence. A public authority cannot ‘interfere’ with this right unless it is in accordance with the law, is necessary in a democratic society and is for a legitimate purpose.
Human Rights Act 1998. 32.1 In the performance of the Services the Provider shall comply with the Human Rights Act 1998 as if it was a ‘Public Authority’ within the meaning of that legislation
Human Rights Act 1998. Article 8 of the European Convention on Human Rights states that everyone has the right to respect for their private and family life, home, and their correspondence and that there shall be no interference by a public authority with this right except as in accordance with the law and is necessary in a democratic society in the interests of: • National security • Public security • Economic well-being of the country • The prevention of crime and disorder • The protection of health or morals • The protection of the rights or freedoms of others In order to ensure that a fair balance is achieved between the protection of the individual's rights and the general interests of society, the Convention therefore requires the disclosing agency to consider whether any disclosure is proportionate. Keeping a record of the decision to disclose and the matters considered in coming to the decision will assist in any challenge.
Human Rights Act 1998. This does not deal with any particular issue specifically or any discrete subject area within the law. It is a type of “higher law”, affecting all other laws. In the school context, human rights to be aware of include: • The right to a fair trial • The right to respect for private and family life, home and correspondence • Freedom of thought, conscience and religion • Freedom of expression • Freedom of assembly • Prohibition of discrimination • The right to education These rights are not absolute. The school is obliged to respect these rights and freedoms, balancing them against those rights, duties and obligations, which arise from other relevant legislation. The Education and Inspections Act 2006 Empowers Headteachers, to such extent as is reasonable, to regulate the behaviour of students / pupils when they are off the school site and empowers members of staff to impose disciplinary penalties for inappropriate behaviour. The Education and Inspections Act 2011 Extended the powers included in the 2006 Act and gave permission for Headteachers (and nominated staff) to search for electronic devices. It also provides powers to search for data on those devices and to delete data. (see template policy in these appendices and for DfE guidance - xxxx://xxx.xxxxxxxxx.xxx.xx/schools/pupilsupport/behaviour/behaviourpolicies/f0076897/screenin g-searching-and-confiscation) The Protection of Freedoms Act 2012 Requires schools to seek permission from a parent / carer to use Biometric systems The School Information Regulations 2012 Requires schools to publish certain information on its website: xxxxx://xxx.xxx.xx/guidance/what-maintained-schools-must-publish-online Serious Crime Act 2015 Introduced new offence of sexual communication with a child. Also created new offences and orders around gang crime (including CSE) Links to other organisations or documents The following links may help those who are developing or reviewing a school online safety policy: UK Safer Internet Centre Safer Internet Centre – xxxxx://xxx.xxxxxxxxxxxxx.xxx.xx/ South West Grid for Learning - xxxxx://xxxxx.xxx.xx/products-services/online-safety/ Childnet – xxxx://xxx.xxxxxxxx-xxx.xxx/ Professionals Online Safety Helpline - xxxx://xxx.xxxxxxxxxxxxx.xxx.xx/about/helpline Internet Watch Foundation - xxxxx://xxx.xxx.xxx.xx/ CEOP CEOP - xxxx://xxxx.xxxxxx.xx/ ThinkUKnow - xxxxx://xxx.xxxxxxxxxx.xx.xx/ Others LGfL – Online Safety Resources Kent – Online Safety Resources page INSAFE / Better Internet for ...
