Privacy Flashcards
What is the difference between defamation and privacy?
Defamation is about protecting ones reputation
Privacy is about protecting ones privacy - Article 8
What is breach of confidence?
This is to do with interactions/ conversations that were private and confidential in nature that has been leaked.
Stephens v Avery Two friends S and A A gave publisher info about S sex life S said this info was given in confidence so this convo was under an obligation of confidence
What is the general test for breach of confidence?
Set out in Coco v AN Clark LTD
1) Information was confidential
2) It was disclosed in such a manner in which to place an obligation of confidentiality on the other party
3) It caused damage to the original part to whom the information related to
What are some key cases for breach of confidence?
Argyll v Argyll
Duchess suing duke for releasing private diary excerpts- successful
Stephens v Avery- best friends case
Spycatcher case -
former spy leaking all info- under an obligation of confidence
Kaye v Robertson
C in hospital, reporters came in dressed as nurses and took photos of C unconscious. C sued saying this was breach of confidence however court said no- clear issue as there had see an invasion of privacy
Douglas v Hello magazine
photographers sneaking in wedding and leaking photos-
here there was obligation of confidence as there was a commercial interest element
What is the tort of misuse of private info?
This is where right to privacy is at issue
after HRA
mainly concerns leaking photos about people
What are some key cases for misuse of private info?
Campbell v Mirror group newspapers
Daily Mirror published stories that Naomi Campell was seeking treatment for drug addiction, she was anti drug advocate. Since there were pics of Narc Anonymous meeting + medical records court said this was private and confidential info - case successful
McKennitt v Ash
A + M friends. A wrote a book containing info about Ms sexual relationships. M sued and got granted an injunction as info was confidential. Ms Article 8 overrode freedom of expression
Mosley v NGN
Nazi Orgi case- didn’t have nazi elements therefore not in public interest
What is the test used for misuse of private info?
this is a test from Campbell
1) Did the claimant have a ‘reasonable expectation of privacy’ with regard to the information? If so,
(2) Does the claimant’s interest in maintaining their right to privacy outweigh the defendant’s interest in freedom of expression (i.e. the ability to publish the information)?
the balance of article 8 and article 10 rights - for misuse of private info
Von Hannover v Germany
German princess suing because press taking pics when they were living normal private life.
ECtHR said when weighing up rights of article 8 and 10, you need to consider how far the info would be in public interest.
Court therefore said if she is in public function, then there is a public interest but not when off duty.
The rights of privacy for children
A Childs right to privacy will be weighed more heavily than for an adult: Weller v Associated newspapers
Murray v Big Pictures
JK Rowling sought injunction to prevent pictures of her and child walking down road- successful
AAA v Associated newspaper
Boris Johnson wanted to prevent the leak that he was father of child
this info was in public interest therefore leaked.
What is iniquity?
When the claimant has done something they shouldn’t, this may justify the publication of the information over the protection of privacy
John Terry v Persons Unknown - C was having affair with team mates girlfriend when he was seen to be role model
What remedies are available
Injunction and damages
