Paper 3.4b - A8 & Domestic Law, Breach of Confidence

Question 1

What does RIPA 2000 stand for in terms of Article 8?

Answer 1

The Regulation of Investigatory Powers Act 2000.

Question 2

s32(3)(a-c) of RIPA 2000 states what?

Answer 2

Allows police and intelligence services (MI5,MI6, local government, etc) to use surveillance when necessary:
a) in interest of national security,
b) for the purposes of detecting/preventing serious crime,
c) in interest of economic well-being.
This includes listening devices, monitoring phone calls and must be done proportionately.

Question 3

What does IPA 2016 stand for in terms of Article 8? What previous Act does it expand upon?

Answer 3

Investigatory Powers Act 2016 (it is the updated version of RIPA)

Question 4

s23 of the IPA 2016 states what?

Answer 4

• Introduces interception warrants, which must be authorised by Secretary of State and a judge.
• Allows hacking of mobile phones, computers by intelligence services and law enforcement.

Question 5

What happened in the case of Halford, the case study for overstepping investigatory powers in RIPA and IPA?

Answer 5

The police tapped into a female officer’s phone calls while she was seeking a sexual discrimination claim against them - breach of Article 8.

Question 6

What is a breach of confidence and what Act does it come from?

Answer 6

BoC covers situations where information is given in confidence with the expectation it will remain confidential.
It comes from the Human Rights Act 1998.

Question 7

What can a successful breach of confidence suit award for a claimant?

Answer 7

If the judgement is before the breach, it may be possible to pass an injunction preventing it.
If the judgement is after the breach, compensation can be awarded for damages.

Question 8

What must the claimant prove for a successful breach of confidence suit?

Answer 8

C must prove:
- Information was obtained in a way d has a duty of confidence eg doctor-patient.
- Info must have the quality of confidence (‘genuinely confidential’, not public info)
- Info must be used in an unauthorised way.
- C must suffer a detriment from the breach (eg financial, social)

Question 9

What are the three defences to breach of confidence?

Answer 9

Public - Info already public.
Confidential - Info not confidential.
Whistleblowing - Public interest in disclosure.

Question 10

What happened in Douglas v Hello! Magazine and Mosley v News Paper Group, the case studies for breach of confidence?

Answer 10

Douglases sold the photo rights to a different magazine; a freelancer accessed the wedding and sold photos to Hello!, who published them. Breach of A8.
Mosley - “F1 Boss has Sick Nazi Orgy with Five Hookers”