<P> Rulings based on the Human Rights Act have been criticised by Lady Hale . In 2011 she said that the Act was overused, and criticised the decision of European human rights judges to give prisoners the vote . </P> <P> In 2008, Paul Dacre (as editor of the Daily Mail) criticised the Human Rights Act for allowing, in effect, a right to privacy at English law despite the fact that Parliament has not passed such legislation . He was referring to the indirect horizontal effect of the Human Rights Act on the doctrine of breach of confidence which has moved English law closer towards a common law right to privacy . In response, Baron Falconer (as Lord Chancellor) stated that the Human Rights Act had been passed by Parliament, that people's private lives needed protection and that the judge in the case had interpreted relevant authorities correctly . </P> <P> In contrast, some have argued that the Human Rights Act does not give adequate protection to rights because of the ability for the government to derogate from Convention rights under article 15 . Recent cases such as R (ProLife Alliance) v. BBC (2002) EWCA Civ 297 have been decided in reference to common law rights rather than statutory rights leading to the possibility of judicial activism . </P> <P> Senior Labour politicians have criticised the Human Rights Act and the willingness of the judiciary to invoke declarations on incompatibility against terrorism legislation . Baron Reid argued that the Human Rights Act was hampering the fight against global terrorism in regard to controversial control orders: </P>

5. when does the human rights act 1998 give a direct cause of action