Privacy

Question 1

With the aid of a diagram chart the evolution of privacy in the Irish constitution ?

Answer 1

Mcgee – Privacy in the marital bedroom – sued the state – Laws overturned

Kennedy x Arnold – can sue all citizens – sued the state – compensation (privacy grounded in the Christian and Democratic nature of the state not absolute)

Herrity case – all citizens (not absolute) – sued husband and newspaper – compensation 90k

Norris – gay couples (can be interfered with for the common good, public interest, health, morality etc. – sued the state to overturn law making homosexuality legal – lost in Ireland appealed to European courts where he succeeded and then Ireland eventually overturned the law

Now on par with Europe they have taken away privacy from place and attached it to the person

As well as this the Irish courts have always have remedy’s that’s not under privacy’s; harassment etc.

Question 2

What case established privacy in the marital bedroom ?

Answer 2

Mcgee

Question 3

What case established privacy for all Irish citizens ?

Answer 3

Kennedy and Arnold

Question 4

Where is privacy for every citizen grounded/derive from?

Answer 4

Christian and democratic nature of the state

Implied Art 40.3

Question 5

Why didn’t David Norris win in Ireland?

Answer 5

Immoral and not Christian; rights can be interfered with , morality etc

Question 6

What case established that you can sue other people and not just the state?

Answer 6

Herrity

Question 7

What article of the European convention of human rights governs privacy in europe?

Answer 7

Article 8

Question 8

Name the famous European case that established privacy in public places?

Answer 8

Von Hannover

Question 9

When does Europe allow for the right to privacy to be interfered with ?

Answer 9

For the public interest; health, morality. When it is necessary and proportionate.

Question 10

Is there an obligation on my state to protect your privacy?

Answer 10

Yes; route to pursue protection for yourself; remedy available

Question 11

Describe the various legal MECHANISMS that can be used in Ireland to protect your privacy

Answer 11

Statute:

GDPR: I can complain to the date protection commissioner or sue for damages in court

Intimate images legislation from 2020; guards

Section 10 Harassment under 1997 offences against the person act

Tort Remedies : Land is interfered with

Nuisance (outside your land)

Trespass (on your land)

Intention of infliction of emotional harm

Confidentiality

Negligence

Breach of contract

Question 12

With the aid of a diagram chart the evolution of privacy in the Irish constitution ?

Answer 12

Mcgee – Privacy in the marital bedroom – sued the state – Laws overturned

Kennedy x Arnold – all citizens – sued the state – compensation (privacy grounded in the Christian and Democratic nature of the state not absolute)

Herrity case – all citizens (not absolute) – sued husband and newspaper

Norris – gay couples(can be interferred with for the common good, public interest, health, morality etc – sued the state to overturn law making homosexuality legal – lost

Question 13

Who regulates privacy?

Answer 13

Data proteciton commisionioner

Judge in court

Guards enforce but you’ve to make a complaint

Google facebook twitter etc for internet

Question 14

What defense is most often used by the media for interfering with privacy?

Answer 14

Public interest; fighting crime, informing the public, criticizing the government,