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HMRC internal manual

Debt Management and Banking Manual

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Customer contact and data security: Legislation and policy: Human Rights Act: HMRC work areas affected by the Human Rights Act (HRA)

The Human Rights Act 1998

The HRA 1998 is based upon the original European Convention for Human Rights which is divided into ‘Articles’ and ‘Protocols’. The Convention is made up of a number of separate Articles. Protocol is the term given in international law to an agreement that amends or adds new Articles to an existing international agreement.

In preparation for the introduction of the HRA, our legislation and procedures were examined by HMRC lawyers and generally speaking were found to comply with the Convention. However, there are areas of the HRA which affect our day to day work and the main ones are;

Article 6, the right to a fair and public trial within a reasonable time - may affect you if you are involved with appeals, tribunals or court cases
 
Article 8, the right to respect for private and family life, home and correspondence - may affect you if you are involved in enquiry or recovery work
Article 9, freedom of thought, conscience and religion - may affect you if you are involved in enquiry, recovery and customer service work
Article 14, prohibition of discrimination in the enjoyment of ECHR rights - may affect you if you are involved in enquiry, recovery or customer service work
Article 1 of Protocol 1, the right to peaceful enjoyment of possessions and protection of property - may affect you if you are involved in enquiry and recovery work

Further and detailed information about the HRA can be found on the Human Rights Intranet site.