Privacy Flashcards
Kaye v. Robertson
Courts managed to find a remedy but admitted you couldn’t have a claim merely for invasion of privacy
Wainwright v Home Office
Hoffman - right to privacy is a value underlying law but not a principle susceptible of direct application to individual claims
Peck v UK (2003)
EU law recognised UK law didn’t have a remedy for invasion of privacy
- applicant should have been able to receive remedy because art.8 rights had been violated
CASE WHERE TORT OF MISUSE OF PRIVATE INFORMATION WAS CREATED
Campbell v MGN
Campbell v MGN - Two stage test
- Reasonable expectation of privacy
2. Countervailing factors
STAGE ONE - reasonable expectation of privacy
OBJECTIVE TEST
- Murray v Express Newspapers (JK Rowling’s son)
- Weller v Associated Newspapers (California no rule doesn’t matter)
- Mosley v News Group Newspapers
STAGE TWO - countervailing factors
a) Public interest
b) Revelation of criminality
c) Setting the record straight
d) Public Figure/Role Model
PUBLIC INTEREST
Campbell v MGN - different categories, Lady Hale says gossip isn’t good enough but political speech is
A v B - not overruled and actually says the public has an interest in flourishing and diverse press so public interest is for newspaper to publish whatever people want to read about, including gossip
RELEVATION OF CRIMINALITY
Campbell v MGN - drugs wasn’t good enough as an offence to justify invasion of privacy
Mosley v News Group Newspapers - sadomasochism isn’t good enough either because these offences would not usually be prosecuted
SETTING THE RECORD STRAIGHT
Campbell v MGN - she had previously said she didn’t have a drug problem
- Hale questions this, because previously she is just expressing an appropriate attitude, not making a misrepresentation?
ROLE MODEL/PUBLIC FIGURE
Not a lower expectation of privacy, just that because they are a role model, it justifies invasion of privacy
- McKennitt v Ash - explains role model as people who are expected to have higher moral standards (politicians, clergymen, head teachers)
Ferdinand v MGN - idea has expanded, now England Captain counts as role model because children look up to him
McClaren v NGN - ex-England Manager counted
Spelman v Express Newspapers - child athlete could have stories scrutinising his health published bc he was an athelete
K v News Group Newspapers
when evaluating the balance of freedom of speech and freedom of privacy you don’t just look at parties of litigation
- here they looked at claimant’s children
Damages: Mosley v News Group Newspapers
Damages to punish D is not allowed
- just for compensation because that’s a balance of rights
Pre Publication Notification?
Mosley v News Group Newspapers
- no you can’t do this
- injunctions may be allowed but rarely
Plon (Société) v France
It was recognised that for a brief period, a person is entitled to privacy after their death
