Privacy Flashcards
What is the relevant statute for privacy?
European Convention of Human Rights, enshrined in Human Rights Act 1998
What does the Human Rights Act say about privacy?
Article 8 - everyone has a right to privacy, whether in public or private, if there is a reasonable expectation of privacy
What is the relevant ethical code for privacy?
Editors Code - Clause 2.
Everyone is entitled to respect for their private and family life, home, physical and mental health, and correspondence, including digital communications
UNACCEPTABLE to photograph individuals without consent in public or private places where there is an expectation of privacy
What is the defence against breaching privacy in the IPSO Code?
Must justify intrusions without consent – account will be taken of the complainants own public disclosures of information, and how readily available it is in the public domain.
What is Breach of Confidence law?
An example of common law used to protect confidential information
It includes the contents of leaked documents, and commercial information
What are the three elements of a Breach of Confidence
Quality of confidence
Obligation of confidence
Detriment caused
These must be satisfied to bring a claims damage or seek an injunction for a breach
How do human rights affect the media?
It prevents the misuse of private information
If there is no consent, and there is reasonable/legitimate expectation of privacy
Includes info on sexual relationships and health
Subject to public interest
What are the solutions for a breach of confidence?
Action taken in civil courts to pursue damages for breach
Or injunction to prevent publication of information not yet in the public domain, or to prevent further publication of information
What must the judge be satisfied with to impose an injunction?
Confider has to convince judge
Press must know injunction sought
Superinjunctions prevent reporting that injunction is sought
Judge considers whether disclosure contributes to a debate of general interest to society
Disobeying is contempt
Contra-mundum could be imposed for worldwide publication
