Privacy And Misuse Of Private Info Flashcards
What is privacy and who will you reference
Alan westin - Privacy is the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others
Have laws overlapped with privacy ?
Name some
Yes overlapped
For example , protection from harassment act , deformation, data protection act etc
When was the first specific tort for privacy established and what is it called
Tort of misuse of private information
Created in 2014
Human rights act article 8- right to private life helped bring about this
But conflicts with article 10 freedom of expression
What was the leveson inquiry 2011
It was a public inquiry into the practices of British press following the phone hacking by the news of the world tabloid
Recommended a new independent body and press complaints commission was closed down and replaced
What attempts have been made by parliament to create a specific law governing privacy
In the 1960’s there were 3 bills proposed which all failed - lack of gov support , encroachment on freedom of expression
2 bills again failed in 1989.
Appears that self regulation is always preferred
What was the case of kaye v Robertson and sport newspaper 1991 about
Well known tv personality in hospital unconscious - photographer gets in and gets pictures
Agent tries to get injunction against it but no sufficient legal remedies … eg trespass to person and deformation failed
Court of appeal recognised need for privacy tort but deferred to parliament
Campbell 2004 lady hale said what
Courts cannot create a tort for privacy
Various reasons eg no agreed definition , lack of precedent , what is the remedy
Why did parliament never legislate
Perhaps reluctance to hinder article 10 freedom of expression ECHR
Or do not want to be seen as asking for more privacy as political impact - usually celebs and people of power that want privacy
What is the breach of confidence legal remedy
It is an equitable remedy but it is concerned with there being a relationship of confidentiality which is usually a remedy for the protection of commercial secrets or Confidential information
However can be used if person ought to know it should be kept confidential
This was used in cases where the right to life was at stake by information of identity of killers being released
What is the case of Douglas
Breach of contract confidence became privacy action in all but name
Celebrity wedding - invitation only and gave permission to magazine only to take pictures but would have final say
Freelance photographer for in and sold photos
Found that the breach of confidence action was sufficient here
Court was using existing law
Why is Campbell 2004 so significant and what are the tests
It basically creates the misuse of private information.
Tests
Did the claimant have a reasonable expectation of privacy with regard to the information , if so
Does the claimants interest in maintaining their right to privacy outweigh the defendants interest in freedom of expression
What did Vidal hall v Google 2014 Confirm
That there is a tort of misuse of private information
What is Mosley v Ngn
Confirms that sexual activity is private
What does section 12 of human rights act say
Court must have particular regard to freedom of expression
Is freedom of expression more important than right to private life
No
Re s 2005 should be considered equally
Are children protected more
Murray 2008- potentially yes as children did not sought celebrity status themselves therefore a reasonable expectation of privacy
How has the ECHR dealt with privacy ?
Von Hannover v Germany 2005 - breach of article 8 Whne taking photos of princess caroline of Monaco shopping
What does elton John v associated newspapers 2006 say
No obvious private Information - just a snap shot of him going about his day to day life
What does peck v uk 2003 say
Where uk breach of confidence or misuse of private information not effective , there may still be a claim through human rights
Tried. To commit suicide - caught on camera and shared to tv and newspapers
What is french law stance on privacy
Cannot publish if it’s not in the public interest
Much more harsh than uk
What does wainright v home office 2003 say
No private information so no claim
Shows uk has no general privacy Tort
Strip searched at prison but not carried out correctly
What does the Harvard law review the right to privacy 1890 show
Privacy is not new
Complains about photographer etc
Shows privacy is dealt with by the law in piecemeal fashion
Jo Jo 2017 misuse of private information as a tort: the implications of Vidal hall
Misuse of private information is an extention of tort law because it is unclear of the elements that need to be proved
Blanching exercise different to other torts
Terry
Sought super injunction
Wayne bridge issue
Misuses of private information did not extend to lawful criticism
Moreham freedom of expression and legitimate audience interest 2023
4 situations where legitimate audience interest will be a defence
1) private information raises questions about a persons fitness for a public role
2) where claimant is peddling a false image
3) where information contains evidence of serious wrongdoing
4) where information is disclosed to people with a particular interest in receiving it
Campbell set out traditional public interest test but courts now following Strasbourg extra factors such as in weller
Factors such as who the person is, subject of report , prior conduct of person, circumstances in which the material was obtained
Does not agree should follow strasboug because misuse of private information is much narrower than article 8
Parliamentary privilege alllows
Disclosure of the super injunction
Spycatcher case 1980’s
Breach of confidence
