Fresh from a 17-0 defeat in the European Court of Human Rights (in the case
of Marper v the UK and the DNA database), a refreshed Home Office human
rights team (under its new coach, Home Secretary, Alan Johnson), has
suffered a 7-0 drubbing over its anti-terrorism law (in the case of Gillan
and Quinton v the UK on stop and search). If we were really talking about
football, what would you think of the Home Office human rights team and its
new manager?
In practice the two cases reveal the serious structural malaise in the UK's
human rights regime that undermines Article 8 protection and by implication
the Data Protection Act. The malaise has two characteristics: (a)
legislation that permits the authorities to invade privacy does not get
scrutiny by Parliament and (b) there is no easy method of challenging the
law (especially in the field of national security).
More details on the blog http://amberhawk.typepad.com
chris
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