Privacy

Question 1

Two types of Privacy torts?

Answer 1

Breach of confidence
Misuse of personal information

Question 2

How does ‘Breach of confidence’ arise?

Answer 2

Duty was breached when:
1 - Info has a ‘necessary element of confidence about it’
2 - D is obliged to keep it confidential
3 - Unauthorised use was made by the defendant

Question 3

Breach of confidence’ is designed to…

Answer 3

Protect ‘secrets’ or confidential information - Apply in cases where there are commercial secrets, as there must be a pre-existing relationship to establish duty of care

Question 4

How does ‘Misuse of personal information’ arise?

Answer 4

A duty arises when a person receives information he knows or out to know is fairly and reasonably to be regarded as confidential

Question 5

Two stage test for ‘Misuse of personal information’

Answer 5

Two stage test for this:

1 - Did the claimant have a ‘reasonable expectation of privacy’ regarding the info
- In Campbell v MGN [2004] , the info on her drug addiction
treatment was private, but the photo on the street was not,
as it is a public area
- Sub / Objectivity hybrid test; Ordinary person would expect
that disclosing such info would cause offence?

2 - Does C’s interest in maintaining their right to privacy outweigh D’s interest in publishing?
- Is there a public interest which outweighs that of C keeping
the information confidential?

Question 6

Who is protected by the courts in cases regarding privacy?

Answer 6

Children are protected by the courts in privacy cases; As seen in Murray [2008]