Privacy Flashcards
What act covers privacy?
Article 8 of the European Convention on Human Rights which was put into place in the UK by the Human Rights Act 1998
What does article 8 of the european convention on human rights say?
Everyone has the right to respect for his private and family life, his home and his correspondence.
What is the meaning of civil tort?
the misuse of private information
How can privacy be breached?
it can be breached both by an intrusive act of gathering of private information, e.g. intrusive photography
And by publication without their consent of the information gained, including any image
What do courts take into account in whether privacy has been breached?
REASONABLE EXPECTATION OF PRIVACY. The location in which their privacy seems to have bee breached e.g. in their own home or if person is distressed etc in public
What defences are there for the media?
- Article 10 of ECHR= Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information… and the public has a right to receive it.
- Public interest
What do courts consider about defences?
- the extent in which a publication has or will contribute to ‘a debate of general interest to society’
- how well the claimant is known
- has the claimant comprimesed their own privacy before
- how harmful the publication actually is
What are some breach of privacy remedies?
- Sue for damages
- An Injunction
What does a judge need to consider in a privacy case?
Any relevant privacy code e.g. Ofcom or IPSO
What laws are there in regaerd to photographing or shoot footage in public places?
There is no criminal law
What is a super-injunction?
An injunction which includes a clause banning the media and anyone else from publicising the fact that the injunction has been made
