Confidentiality Flashcards
What did Lord Justice Glidewell state in Kaye v Robertson [1991] about the right to privacy in English law?
He stated that in English law there is no right to privacy, and accordingly there is no right of action for breach of a person’s privacy.
What was the Court’s conclusion in Wainwright v Home Office [2003] regarding invasion of privacy?
The Court held that there was no common law tort on invasion of privacy, and a creation of such a tort required detailed legislative action.
What significant precedent was established in Hosking v Runting (2004) regarding privacy?
The case established that the tort of privacy should exist in New Zealand and could potentially extend to English courts.
How does the Human Rights Act 1998 relate to privacy rights in Britain?
The enactment of the Human Rights Act 1998 has spurred the development of privacy law in Britain.
What is the definition of breach of confidence in legal terms?
It is a civil remedy that protects against the unauthorized disclosure or use of information that is not generally known and entrusted in confidentiality.
What are the two competing rights highlighted in privacy law under the European Convention?
Freedom of expression (Art 10) and respect for an individual’s privacy (Art 8).
What are the three traditional elements of breach of confidence summarized in Coco v AN Clark (Engineers) Ltd 1969?
- The information must have the necessary quality of confidence about it. 2. The information must have been given in circumstances importing an obligation of confidence. 3. Unauthorized use of that information.
Give an example of information deemed confidential involving sexual orientation in law.
Stephens v Avery (1988) involved friends discussing wild sex lives, leading to a disclosure to a newspaper.
What did the case HRH Princess of Wales v MGN Newspapers Ltd (1993) address regarding confidential information?
It addressed the unauthorized publication of photos of Princess Diana at the gym, which were ruled as confidential.
In the case of AG v Guardian Newspapers Ltd (No 2) (1990), why was confidentiality not upheld?
The interest in maintaining confidentiality was outweighed by the public interest in knowing the allegations in the memoirs of a retired secret service spy.
What did Article 8 of the ECHR establish regarding privacy?
It establishes the individual’s right to respect for private and family life.
What did the case Venables & Thompson v News Group Newspapers (2001) aim to protect?
It aimed to protect the identities of convicted murderers from being published for safety reasons.
What was the outcome of the Hutchenson v News Group Newspapers (2011) case regarding privacy?
The super-injunction sought by Hutchenson was refused, as there was no reasonable expectation of privacy in the case.
In which case did the ECtHR establish criteria for balancing Article 8 and Article 10 of the ECHR?
The criteria were established in Von Hannover v Germany (No 2) (2012).
What were the five criteria established by the ECtHR for balancing privacy and freedom of expression?
- Is the information of general interest? 2. How well known is the person concerned? 3. Prior conduct of the person concerned. 4. Content, form, and consequences of the publication. 5. Circumstances in which photos were taken.
What did the Springer v Germany case (2012) determine regarding publication rights?
The German newspaper was granted damages and costs because they were prevented from publishing articles about a TV actor’s arrest.
How did the Human Rights Act 1998 impact privacy law in England?
It made it a legal obligation for judges to uphold the right to privacy for individuals.
What separates breach of confidence from a right to privacy?
Breach of confidence addresses unauthorized use of confidential information, while a right to privacy relates to personal autonomy and not being observed without consent.
In Fairnie and Others v Reed and Another (1994), how was confidentiality implied?
It was implied because the claimant was trying to sell his board game idea, and the nature of the communication suggested confidentiality.
What are the two ways in which confidential information can be given, as established in legal cases?
- Expressly, as in Stephens v Avery. 2. Implied from the circumstances surrounding the communication.
What did the courts conclude about the right to sue for breach of privacy in English law?
There is no right to sue for a breach of privacy since there is no recognized right to privacy in English law.
What principle did the case of Prince Albert v Strange (1849) establish in relation to confidential information?
It established that individuals could seek injunctions to stop unauthorized disclosure of private matters.
In Coco v AN Clark (Engineers) Ltd, what determines if information has the necessary quality of confidence?
It must be information that is not generally known and must have been treated with confidentiality.
Why was the publication of information in AG v Guardian Newspapers Ltd not protected by confidentiality?
The public interest in the information outweighed the private interest in maintaining confidentiality.
