So, Chris, do you think the UK govt will refer this to the Grand Chamber, and
risk another 17-0 defeat...?
Jonathan
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of chris pounder
Sent: 13 January 2010 11:38
To: [log in to unmask]
Subject: [data-protection] UK terror case judgment illustrates a failed
system that cannot protect privacy
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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