Misuse of private information (C)

Question 1

What does Article 8 of the ECHR state?

Answer 1

Every individual has the right to respect for their private lives.
However, this must be balanced against the A10 rights of others: their freedom to express and receive information.

Question 2

What are the two stages of misuse of private information (Campbell v MGN [2004] 2 AC 457)?

Answer 2

1. Did P have a ‘reasonable expectation of privacy’ regarding the information? (Von Hannover v Germany (No 1) (2006) 43 EHRR 7).
2. Is D’s right to impart and receive information outweighed by P’s right to have the privacy of that information respected? (Von Hannover v Germany (No 2) (2012) 55 EHRR 15).

Question 3

What are the potential remedies to MOPI?

Answer 3

Interdict to stop future publication of the information by D or third parties.
P may seek damages (Galati v MGN [2017] QB 149).
In exceptional circumstances, English law may grant a super injunction (Donald v Ntuli [2011] 1 WLR 294).

Question 4

What are the societal factors which must be taken into account in a MOPI case? (USUALLY FOR STEP 1).

Answer 4

(Murray v Express [2009] Ch 481) JK ROWLING CASE.
P’s attributes;
Nature of activity;
Location, nature and purpose of intrusion;
Absence of consent;
Effect on P; and
The purposes for which information came into D’s hands.