Actually in the UK human rights law does not necessarily trump a statutory exemption. The 1998 Human Rights Act enables cases to be brought in accordance with ECHR in UK domestic courts, but in the end if statute conflicts with ECHR principles then statute takes precedence.
It is possible then to take cases to ECtHR. That’s true.
Article 10 is qualified, Article 6 is not.
If a statute conflicts with ECHR principles, section 3 of the Human Rights Act 1998 “requires courts to interpret both primary and subordinate legislation so that their provisions are compatible with the articles of the European Convention of Human Rights”. If such an interpretation is impossible, section 4 allows them to issue a declaration of incompatibility.
And then, of course, you can bring cases to Strasbourg.
Yes, article 10 is qualified, and the FOI interpretation of article 10 is also qualified (see Magyar Helsinki Bizottság v. Hungary, 18030/11).
