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stipulates that there shall be no interference by a public authority
with the exercise of these rights except where prescribed by law,
where necessary in a democratic society and in the interests of one
of the aims given in the Articles. Additional legislation (such as the
Public Order Act 1986) further regulates the State’s intervention in
the exercise of these rights.
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The Data Protection Act 2018 sets new standards for protecting general
data, in accordance with the General Data Protection Regulation (GDPR),
giving people more control over use of their data, and providing them with
new rights to move or delete personal data. The Act provides a bespoke
framework tailored to the needs of the UK’s criminal justice agencies and
the intelligence services, to protect the rights of victims, witnesses and
suspects while ensuring we can tackle the changing nature of the global
threats the UK faces. It also allows the unhindered flow of data
internationally whilst providing safeguards to protect personal data.
The Investigatory Powers Act 201610 provides a new framework to
govern the use and oversight of investigatory powers by law enforcement
and the security and intelligence agencies. A new independent
Investigatory Powers Commissioner, Lord Justice Adrian Fulford, was
appointed in February 2017 to authorise and oversee the use of
Investigatory Powers. The Investigatory Powers Act 2016, and indeed all
UK communication surveillance legislation, is entirely consistent with the
UK’s international human rights obligations. The cornerstone of the
Investigatory Powers Act is that use of the powers must be considered
necessary and proportionate.
In April 2019, the UK Government published the Online Harms White
Paper11, setting out plans for world-leading legislation, in order to make
the UK the safest place in the world to be online. This approach will make
companies more responsible for tackling a comprehensive set of online
harms and protecting users’ safety, especially children and other
vulnerable groups. The new regulatory framework will be overseen by an
independent regulator, with a statutory obligation to protect users’ rights
online, particularly the rights to privacy and freedom of expression. The
framework will also increase transparency and accountability of
companies, including with regard to any restrictions on the right to freedom
of expression. Moreover, the UK’s approach to tackling online harms
broadly will enable more people to exercise their right to freedom of
expression, by ensuring anyone can participate in online discussions
without risk of bullying or being attacked on the basis of their identity, e.g.
their gender, race, disability, sexuality, religion or age.
http://www.legislation.gov.uk/ukpga/2016/25/contents/enacted
https://www.gov.uk/government/consultations/online-harms-white-paper
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