61. Application of Convention in disputes between private parties ('indirect horizontal effect').

Although the Human Rights Act 1998 did not create any new cause of action between private persons, the status of courts as 'public authorities'1 means that where there is a relevant cause of action, the court as a public authority must act compatibly with both parties' Convention rights2. Although this has not been tested in the context of all common law actions that are in the sphere of Convention rights, it appears that the courts have accepted a duty to abide by the Convention rights in private common law adjudication in the context of misuse of personal information at