privacy 1 Flashcards
Coco v AN Clark sets out what test
the test for breach of confidence
3 stage test in Coco v AN Clark
1) The information must have the ‘necessary quality of confidence about it’
2) The info must have been ‘imparted in circumstances importing an obligation of confidence’
3) There must be unauthorised use of the information to C’s detriment
what does Gurry say about when an obligation of confidence arises
“whenever information is imparted, either explicitly or
implicitly, for a limited purpose .. it extends to those who received confidential information … and third parties to whom the information is disclosed to”
what was held in Stephens v Avery
“the relationship between the parties is not the determining factor. It is the acceptance of the information on the basis that it will be kept secret that affects the conscience of the recipient of the information
what was held in Spycatcher
-A duty of confidence could arise where ‘an obviously confidential document is wafted or dropped in public
what defence do we see used in Spycatcher
the defence for publishing information in the public interest
what was held in Kaye v Robertson
what did Bingham say
-there was a gap in the law, confidence law could not help him
Bingham: ‘the failure of … the common law … to protect in an effective way the personal privacy of [individuals]’.
what was held in Wainwright (2)
- Lord Hoffman rejected the argument that English law recognises a general tort of privacy
- he also rejects Wilkinson argument
what case did MPI first appear in
Campbell
what are the 2 stages to MPI as seen in Campbell
1) does the C have a reasonable expectation of privacy?
2) Balance between C’s privacy and D’s freedom of expression, including any public interest in receiving the information
what was there a clash between in Campbell
C’s privacy (Article 8) and D’s freedom of expression (Article 10)
in an MPI case the burden of proof is on … to show …
the burden of proof is on the C to show that they had a reasonable expectation of privacy
what is the 2 stage test for MPi in Campbell also called
The New Methodology
how do we determine whether C has a “reasonable expectation of privacy”
how do we determine this
- is the information “obviously private”?
- if the info is obviously private, the situation will be one where the person to whom it relates can reasonably expect his privacy to be respected”.
what is the problem of “obviously private”information
heavy reliant on the court’s own determination of what “private” means. What if it is not “obviously private”?
