CREST Practitioner Security Analyst (CPSA) Practice

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Which of these acts is enforceable in UK courts as of its incorporation?

  1. Computer Misuse Act 1990

  2. Human Rights Act 1998

  3. Data Protection Act 1998

  4. Digital Rights Act

The correct answer is: Human Rights Act 1998

The Human Rights Act 1998 is enforceable in UK courts as it gives domestic effects to rights and freedoms guaranteed under the European Convention on Human Rights. This means that individuals can bring claims before UK courts if they believe their Convention rights have been violated, and the courts are required to interpret legislation in a way that is compatible with these rights wherever possible. The Human Rights Act allows for judicial decisions to be made based on the importance of safeguarding essential human rights, such as the right to life, the right to fair trial, and the right to privacy. Once enacted, it empowered individuals to seek justice and redress within the UK legal system without the need to go to the European Court of Human Rights for each violation, thus enhancing the role of the judiciary in protecting civil liberties. In contrast, while laws like the Computer Misuse Act 1990 and the Data Protection Act 1998 are significant pieces of legislation that provide protections in their respective areas, they do not confer the same breadth of enforceable rights directly derived from a foundational document like the European Convention on Human Rights. The Digital Rights Act does not exist as a standalone piece of legislation in the UK, which clarifies why it is not the correct choice.