> For the complete documentation index, see [llms.txt](https://106-sam.gitbook.io/ejptv2-notes/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://106-sam.gitbook.io/ejptv2-notes/crto/law-and-compliance/human-rights-act.md).

# Human Rights Act

The Human Rights Act 1998, sets out the fundamental rights and freedoms that everyone is entitled to. The rights are presented as a series of "articles", incorparted from the European Convention on Human Rights. The two main articles that are more likely to be relevant are:<br>

* **Part I Article 6 - Right to a fair trial**

> Everyone charged with a criminal offence shall be presumed innocent until proved guility according to law. Evidence gathered through security testing or incident response in particular, must be handled in a manner that preserves its integrity. This ensures&#x20;

* **Part I Article 8 - Right to respect for private and family life**

> Everyone has the right to respect for their private life, home and correspondence. There must be no interference through security testing except as necessary by law.

* **Part II Article 1 - Protection of property**&#x20;

> Everyone is entitled to the peaceful enjoyment of their possessions and no one shall be deprived of this through security testing.

It's essential that the activities of a security assessment do not infringe upon an individual's privacy rights. This can have implications on some types of tests, such as those that involve BYOD (Bring Your Own Device) or those who work from home. In particular, testers must ensure that they do not access personal devices, and/or data, as this may constitue a breach of the HRA.
