Privacy and Confidentiality

Question 1

What is breach of confidence?

Answer 1

• Used to protect confidential info
• Content of leaked docs
• Commercial info
• An example of common law

Question 2

What are the 3 elects of breach on confidence?

Answer 2

• Quality of confidence
• Obligation of confidence
• Detriment

These 3 elements must be satisfied to bring a claim of damages or seek an injunction for breach of confidence

Question 3

What is quality of confidence?

Answer 3

A maintaining of confidentiality prior to the info getting out
-If it was already known knowledge there would be no quality of confidence)

Question 4

What is obligation of confidence?

Answer 4

An expectation of those trusted to maintain the confidentiality

Question 5

What is detriment?

Answer 5

Damaging to the company/person to have this info released

Question 6

What is Article 8 of the HRA?

Answer 6

• To respect private and family life

- Everyone has the right to respect for his/her private and family life, his home and his correspondence

Question 7

What is article 10 of the HRA?

Answer 7

• Freedom of expression
• Everyone has the right to freedom of expression
• This right shall include freedom to hold opinions and to receive and impart info and ideas without inference by public authority

Question 8

What does IPSO’s ethical code say?

Answer 8

• Everyone is entitled to privacy in home, health and correspondence
• In circumstances where there is a reasonable expectation of privacy
• Shouldn’t photograph people in private places without their consent
• Health matters are considered private
• Subject to public interest expemtion

Question 9

List some things that are considered to be in the public interest

Answer 9

• Detecting or exposing crime or serious wrongdoing
• Protecting public health and safety
• Protecting public from being misled
• Disclosing a person or organisation’s failure or likely to failure to comply with any obligation to which they are subject
• Disclosing a miscarriage of justice
• Raising or contributing to a matter of public debate
• Disclosing concealment, or likely concealment, of any of the above

Question 10

What is remedy?

Answer 10

• Action taken in civil courts to pursue-
• Damages for breaches
• Or injunction to prevent publications of info not yet in public domain- or to prevent further publication of info

Question 11

What is an injunction?

Answer 11

• Stops the press in the whole of the jurisdiction reporting the things under the injunction
• Doesn’t cross borders
• Press have to know one is being sought

Question 12

What is a “superinjunction”?

Answer 12

Prevents reporting that an injunction is in place

Question 13

What does IPSO’s ethical code say about recording phone calls?

Answer 13

Recording phone calls you take part in without consent isn’t a breach

Question 14

According to the Editors’ and OFCOM’s code, what must journalists be able to do show before breaching codes?

Answer 14

• Must be able to demonstrate reasonable belief that public interest will be served
• No fishing trips- breaching the codes IN THE HOPE of finding something
• And that info couldn’t be obtained by straightforward means
• And the able to explain how decisions was reached to invoke public interest