Indirect horizontal effect

Question 1

How does the HRA primarily operate?

Answer 1

vertical direction – protection for individuals against public authorities

Question 2

What does indirect horizontal effect mean?

Answer 2

HRA can be used by private individuals to protect from other private individuals

Question 3

What is the basis of the indirect horizontal effect?

Answer 3

courts and tribunals are public authorities and obliged to act compatibly with convention

Question 4

What is required for the indirect horizontal effect to be applicable?

Answer 4

Pre existing cause of action

Question 5

Is a prior relationship of confidence required for breach of confidence claims?

Answer 5

no (new action of misuse of private information)

Question 6

What are the elements for determining whether there has been a misuse of information?

Answer 6

1. Article 8 engaged if = Reasonable expectation of privacy
2. If engaged = balancing exercise between Article 8 and 10

Question 7

How do the courts determine whether there is a reasonable expectation of privacy?

Answer 7

o Is information obviously private?
o If not, would a reasonable person find the disclosure offensive?

Question 8

When is there no reasonable expectation of privacy?

Answer 8

Information in public domain

Question 9

How do the courts balance article 8 and 10 when considering misuse of private information?

Answer 9

Contribution to a debate of general interest