Confidentiality & Privacy

Question 1

Privacy

Answer 1

There is no single piece of law governing privacy.

• no privacy acts
• breach of confidence & human rights act = our current version of privacy law

There is also no criminal law to stop you filming in a public place.

Question 2

IPSO Code s3 Privacy

Answer 2

• Unacceptable to photograph individuals in private places without consent.
• Editors are expected to justify intrusions into any individuals private life without consent.

Question 3

Ofcom Broadcasting Code s8 Privacy

Answer 3

• Permission should be obtained for filming inside premises, unless warranted.
• Material obtained by surreptitious filming should not be used unless warranted.
• Broadcasters should not film people involved in an emergency or suffering.
  = would infringe privacy unless warranted.

Question 4

IPSO Code 10 Clandenstine Devices & Subterfuge

Answer 4

• Press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices.
• Engaging in misrepresentation/subterfuge can be justified only in the public interest.

Question 5

Data Protection Act

Answer 5

Covers use of sensitive personal data.

Journalists must take care to not publish details of medical treatment.
= always need consent.

Question 6

European Convention Human Rights 1950

Answer 6

Key articles:
Article 8 - right to respect for private & family life

Article 10 - right to freedom of expression

Question 7

Confidential

Answer 7

Not public property or knowledge

Question 8

Types of confidential info

Answer 8

• personal info
• business secrets
• trade secrets
• professional info

Question 9

QUO test

Answer 9

Info disclosed has quality of confidence

• info people are prepared to pay for
• some degree of importance
• old info not confidential

Defendant made/intends to make unauthorised use of info which could be damaging

Info disclosed in circumstances which imposed an obligation of confidence:
Contractual relationship = written/implied contract
Personal relationship = someone shared something personally
Unethical behaviour = journalists obtaining info unethically, breaching obligation of confidence

Question 10

Defences to breach of confidence

Answer 10

Public interest:

• prevents public from being mislead
• IPSO & Ofcom code = specific criteria to follow

Info already in public domain

Question 11

Remedies to breach of confidence

Answer 11

An account of profits
= Defendant has to give % of money made from profit of issue that contains confidential info.

Order for delivery up
= Info in physical form to be handed back to original owners.
= Can identify the source that leaked it.

Damages
= Given if confidential info already published.
- Not as high as in defamation actions.

Question 12

Remedies to breach of confidence - Injunctions

Answer 12

• Claimant has to apply to the courts
• Applies to all media
• Can be used to prevent initial publication
• Claimant can apply for an interim (short term injunction)

Judge should take into account:

• right to freedom of expression
• public interest
• section 12 human rights act
• whether material is already in public domain