Part 1: General Privacy Protections Section 2: General duties in relation to privacy
This section sets out the numerous duties and considerations to which public authorities must have regard when taking decisions regarding the exercise functions under the Act, including whether to issue warrants, grant authorisations or give notices. Subsection (2) makes clear that when taking such decisions the public authority must consider whether what is sought to be achieved could reasonably be achieved by less intrusive means. The public authority must also have regard to the public interest in the protection of privacy and the integrity and security of telecommunication systems and any other aspect of the public interest in the protection of privacy.
	This section requires that a public authority exercising functions under the Act must have regard to whether the level of protection to be applied to information should be higher because of the particular sensitivity of that information. Applying a higher level of protection in relation to obtaining information will include both considering whether particular safeguards should be applied and taking the sensitivity of the information into account when considering whether obtaining the information is proportionate. Subsection (5) includes examples of sensitive information, including items subject to legal privilege and information that identifies or confirms the identity of a source of journalistic information.
	Subsection (3) makes clear that public authorities must also have regard to other considerations that are relevant in the context. This section does not list all of the considerations that may be relevant (as this will depend on the context of the particular decision) but lists some of the considerations, including the requirements of the Human Rights Act 1998.
	This section does not provide that the public authority must comply with the Human Rights Act 1998 because that is already the case. Subsection (4)(d) does not affect the requirements imposed by the Human Rights Act 1998, including that it is unlawful for a public authority to act in a way that is incompatible with the European Convention on Human Rights.
	While the title of this section is "General duties in relation to privacy", this does not imply that the requirements of the Human Rights Act 1998 are relevant only where privacy may be interfered with. Which of the Convention rights may be relevant to a decision will depend on the circumstances, but in the context of the use of investigatory powers, Article 8 (Right to respect for private and family life), Article 10 (Freedom of expression) and Article 1 of the First Protocol (Protection of property) are most likely to be relevant.