Privacy Flashcards
what is definition of privacy?
“An unauthorised interference with a person’s seclusion of himself or of his property from the public.’ [P Winfield (1931)]
or
“The right to be let alone’
[T Cooley (1888)]
what have people tried to do?
force stat version of privacy law
calcutt report- consideratio of whether should have privacy or not
lempson report- using exceses of press and self reg to try and push new stat privacy tort - about maisntream medai but ignores social not about whats on internet e.g prblematic
whether succeed or not /decide
privacy can be split into?
For the purposes of this lecture, Privacy issues can be split into 3 broad categories:
Intrusion
Commercial Interests
Publication of Private Information
leading case for intrustion
LC kayes v robertson- driving back through gig and hti and taken to itnensive care press sneaked in - photog said cosnented - if story true not def, struggled for rem thats whe n rpivacy comes in (invasion of privacy)
lord benstein- not right of privacy against trespas- taking photograph not trespass 3,000, 4,000 ft too high= not pivacy e.g gogole street view/drones
peck v uk- mentally ill- didnt give his consent - invasion of privacy yes
john v associated news paper- celeb doing ordinary things - arg if children involved would have been diff e.g spelman v express newspapers mp and son involved - drugs ban case affected son
murray -infant on walk with jkrowling- can we block even tho taken in public space -was tehre reaosnable expect of privacy
Weller v. Associated Newspapers [2015] EWCA Civ 1176-issue published in uk= unlawful may be unlawful here but not in another and also wasnt in public interest
commerical interests?
tolley v fry- protecting his rights, commerical rights protection of image for sponseship purposes
Douglas v. Hello [2008] 1 AC 1 -1st pictures of her wedding dress - not really confidential secret - not def- ct said 2 big tests
2 tests from douglas v hello?
Did the claimant have a ‘reasonable expectation of privacy’ with regards to the information?
Does the claimant’s interest in maintaining their right to privacy outweigh the defendant’s interest in freedom of expression (that is, the ability to publish the information?)
private info?
Venables & Thompson v. Newsgroup Newspapers [2001] Fam 430- child crim lifetime immunirt
X (woman formerly known as Mary Bell) [2003] EWHC 1101
all children commiting aoffences lifetimeimm
ammenity given in def cases esppedcially where blackmail?
ZAM v LFW [2013] EWHC 662- designed to give d another op to blacmail throughv arious lies and complaints and alleg- if cts didnt do injuc allowe dhome
Google Spain v. AEPD, Mario Costeja Gonzalez [2014]- archives holding facts against someone- allf actors taken adn google could be forced to remove-private info7
AG v. Guardian News (no.2) [1990]- onlyt prevented to bepublished in australia
kids can sway
Publication of Private Information?
kids can sway decision making process-CDE v. MGN Ltd [1994]
injunction of marital infidel injunction to protect fam-A v. B (Flitcroft v. MGN plc) [2002] EWCA Civ 337
viewd going brothel blackamil but didnt want story geting out-Theakston v. MGN [2002] EWHC 137 (QB)
PUBLIC INTEREST & CONF ISSUES?
PUBLIC INTEREST
Campbell v. MGN plc [2003] QB 633- anti drugs naomi- big spread= infringing ehr rights to therapy-still interest to se how these people live
restrained pub not any form of public interest-Von Hannover v. Germany [2006] 43 EHRR 7
compensation for breach of priv-Burrell v. Clifford [2016]
what is our landmark decision?
Mosley v. News Group Newspapers Ltd [2008] - won def tyhat it didnt support photos foe what happened- sex for money was true under rules def rules for that but had to arge breach of privacy- scandal could result to public interest so arg about that
he lost i uk
otherr cases?
fair game public interest marital affair -McLaren v. News Group Newspapers [2012]
people knew ryan giggs until-CTB v. News Group Newspapers Ltd & Imogen Thomas - exposed by mp nor meedy as prorected by absolute privelege- media can report - has now been blocked in some cases
what happened in ched evans
raped girl
sexual allegations>
not about public interest so why does it need to be published-ETK v. Newsgroup
Hutcheson (Previously “KGM”) v. News Group [2010]?
The Court is entitled to publish articles critical of people in the public eye, even if there is nothing illegal about their conduct.
BUT
Criticism of conduct cannot be a pretext for invasion of privacy by disclosure of alleged sexual infidelity which is of no real public interest in a legal sense.
