Privacy

Question 1

What legislation covers privacy?

Answer 1

Human Rights Act 1988 which embraces Article 8 of the European Convention on Human Rights (the right to respect for privacy and family life)

Courts must consider whether there is a ‘reasonable expectation of privacy’

Question 2

What happens if privacy is breached?

Answer 2

Damages, injunction, super injunction or permanent injunction

Question 3

What does privacy cover?

Answer 3

• Health information
• Personal relationships
• Family members have a right to privacy if linked to a claimant
• Children’s privacy rights have extra protection
• Information obtained covertly

Question 4

When can the state get around privacy law?

Answer 4

When there’s questions of:

• National security
• Public safety
• Economic wellbeing
• Prevention of crime
• Protection of health and morals
• Protection of rights and freedom

Question 5

Which specific laws offer extra protection for privacy?

Answer 5

ECHR Article 8: courts can make an injunction to stop an ex partner publishing secrets about a partner after their relationship has ended. If material has already been published court can award damages.

IPSO Clause 2: Privacy: Everyone has a right to respect of privacy

IPSO Clause 3: Harassment: If someone has been persistently harassed or pursued this could be an infringement on their privacy

IPSO Clause 10: Clandestine Devices and Subterfuge: Hidden cameras and devices could break this as it’s an invasion of privacy

Question 6

Why is social media tricky?

Answer 6

Retrieving information about someone from social media could breach privacy if they didn’t know a picture was being taken

Things to consider:

• Is there restricted access to material?
• Was material posted by someone else?
• How personal is the material?
• Is there a public interest to publish it?
• Is it ethical to use?

Question 7

How are children protected?

Answer 7

IPSO Clause 2: Privacy

IPSO Clause 6: Children

Question 8

What defences can be used for privacy?

Answer 8

ECHR Article 10: freedom of expression to impart information. Information must be valuable to public debate

IPSO Clause 2: Privacy: Journalist can cite public interest

Question 9

What’s a privacy case study?

Answer 9

Duchess of Sussex v Associated Newspapers Ltd 2021

Paper published a handwritten note from Meghan to her dad. Mail on Sunday and Mail published extracts from letter.

Judge ruled that claimant had ‘reasonable expectation’ that contents of letter would remain private.