Privacy Flashcards
When did privacy law get created and why?
After WW2 in the 1950’s
The ECHR said citizens needed protection against higher powers
What does Article 8 of the HRA 1998 say Privacy is?
The right to private life, home and correspondence.
Why was the Privacy act originally ignored?
Because common laws like these were already embedded in the HRA.
What is the most commonly known article that privacy battles against?
Article 10 freedom of expression -
Says you can hold opinions, impart and receive information without interference
What is an injunction?
The banning of publication
Where do you take a privacy case?
As it is a civil case you take privacy cases to a civil court - you settle the case in the country it occurred - then if it isn’t solved there you can take it to the ECHR
How does it help us?
Allows the public to bring action against those of a higher power if their rights are being breached
What is the European convention on human rights 1953?
It’s a treaty - protects the rights of those belonging to the council of Europe
What is the Human rights act 1998?
Sets out the rights that everyone in the UK are entitled to
When can journalists plead disclosure?
When the story is in the public interest
What happened in the Max Mosley case?
Max Mosley v NoW 2008
He was a said masochist for 40 years
A prostitute filmed it one time and sent it to the NoW
Max sued them for breach of privacy as the media shouldn’t pry and they were both consenting adults but it had an overriding public interest as he had a high status - former F1 driver
He won £60,000 damages and the NoW paid £85,000 in costs
Max did sought and fail to change the ECHR privacy law
What happened in the princess Caroline of Monaco case?
Princess Caroline v Von Hannover v Germany 2004
She said she was perfectly happy to be photographed in public with her family when doing official duties NOT personal acts
She sued for breach of Privacy in Germany but was told it was acceptable to publish under the Magazines Freedom if Expression rights.
