Privacy Flashcards

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1
Q

recognised the need for a tort of invasion of privacy

A

Kaye [1991]- Gorden Kaye photographed in hospital bed could get no remedy due to the absence of such tort to protect him

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2
Q

reluctant to create a privacy tort- Lady Hale 2004

A

Campbell v Mirror Group Newspaper [2004]

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3
Q

reasons for the aversity of Parliament and the Judiciary as to creating this new tort

A

lack of suitable definition; lack of precedent; concerns about frivolous claims; restrains on freedom of expression

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4
Q

breach of confidence protects ‘secrets’ or confidential information, but operates only when a duty of confidentiality is present

A

Coco v AN Clark (Engineers) Ltd [1968]

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5
Q

A duty will arise if a party gains information
and knows that they would be expected to keep it confidential, however it was obtained

A

AG v Guardian Newspapers [1990]

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6
Q

injunction protecting information about whereabouts

A

Venables [2001]

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7
Q

what is a defence to breach of confidence?

A

disclosure of the info is in the public interest

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8
Q

Douglas v Hello! [2005]- remedy

A

failed to get an injunction; were warded damages instead

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9
Q

which case confirmed the tort of misuse of private info?

A

Vidal-Hall and others v Google Inc [2014]

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10
Q

what is the 2 stage test for misuse of private info?

A
  • did c have a ‘reasonable expectation’ to privacy?
    -does c’s interest in maintaining privacy outweigh d’s interest to freedom of exp?
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11
Q

published a book with personal details about C; knew the information from their close friendship

A

McKennitt v Ash [2006]

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12
Q

caught doing ‘sexual activities’ on CCTV

A

Elizabeth Jagger v John Darling [2015]

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13
Q

private intimate relationships are held to attract a reasonable expectation of privacy even in a non-celebrity context

A

Bull v Desporte [2019]

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14
Q

balancing between article 8 and 10; Monaco princess case

A

Von Hannover v Germany [2004]

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15
Q

iniquity defence

A

public interest defence

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