Privacy

Question 1

Coco v AN Clark (Engineers) Ltd (1969)

Answer 1

• The information must have the ‘necessary quality of confidence about it’
• The information must have been ‘imparted in circumstances importing an obligation of confidence’
• There must be unauthorised use of the information to C’s detriment

Question 2

Stephen v Avery

Answer 2

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

Question 3

Spycatchert

Answer 3

obviously confidential

Question 4

Kaye v Robertson

Answer 4

Bingham LJ: ‘the failure of … the common law … to protect in an effective way the personal privacy of [individuals]’.

Question 5

Misuse of Private Information Requirements

Answer 5

1) Reasonable expectation of privacy
2) Balance between C’s privacy and D’s rights/interests (usually freedom of expression), including any public interest in receiving the information