Section 12(4) of the Human Rights Act 1998 applies directly to privacy claims and requires any court deciding a human rights-based privacy claim to have particular regard to what?

Question

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Section 12(4) of the Human Rights Act 1998 requires any court deciding a human rights-based privacy claim to have particular regard to the Convention right to freedom of expression and the extent to which the material is already in the public domain. This means that the court must balance the right to privacy with the right to freedom of expression and take into account whether the information is already in the public domain.

Section 12(4) of the Human Rights Act 1998 Applies Directly