Privacy And Misuse Of Private Info

Question 1

What is privacy and who will you reference

Answer 1

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

Question 2

Have laws overlapped with privacy ?
Name some

Answer 2

Yes overlapped
For example , protection from harassment act , deformation, data protection act etc

Question 3

When was the first specific tort for privacy established and what is it called

Answer 3

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

Question 4

What was the leveson inquiry 2011

Answer 4

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

Question 5

What attempts have been made by parliament to create a specific law governing privacy

Answer 5

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

Question 6

What was the case of kaye v Robertson and sport newspaper 1991 about

Answer 6

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

Question 7

Campbell 2004 lady hale said what

Answer 7

Courts cannot create a tort for privacy

Various reasons eg no agreed definition , lack of precedent , what is the remedy

Question 8

Why did parliament never legislate

Answer 8

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

Question 9

What is the breach of confidence legal remedy

Answer 9

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

Question 10

What is the case of Douglas

Answer 10

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

Question 11

Why is Campbell 2004 so significant and what are the tests

Answer 11

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

Question 12

What did Vidal hall v Google 2014 Confirm

Answer 12

That there is a tort of misuse of private information

Question 13

What is Mosley v Ngn

Answer 13

Confirms that sexual activity is private

Question 14

What does section 12 of human rights act say

Answer 14

Court must have particular regard to freedom of expression

Question 15

Is freedom of expression more important than right to private life

Answer 15

No
Re s 2005 should be considered equally

Question 16

Are children protected more

Answer 16

Murray 2008- potentially yes as children did not sought celebrity status themselves therefore a reasonable expectation of privacy

Question 17

How has the ECHR dealt with privacy ?

Answer 17

Von Hannover v Germany 2005 - breach of article 8 Whne taking photos of princess caroline of Monaco shopping

Question 18

What does elton John v associated newspapers 2006 say

Answer 18

No obvious private Information - just a snap shot of him going about his day to day life

Question 19

What does peck v uk 2003 say

Answer 19

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

Question 20

What is french law stance on privacy

Answer 20

Cannot publish if it’s not in the public interest
Much more harsh than uk

Question 21

What does wainright v home office 2003 say

Answer 21

No private information so no claim
Shows uk has no general privacy Tort

Strip searched at prison but not carried out correctly

Question 22

What does the Harvard law review the right to privacy 1890 show

Answer 22

Privacy is not new
Complains about photographer etc
Shows privacy is dealt with by the law in piecemeal fashion

Question 23

Jo Jo 2017 misuse of private information as a tort: the implications of Vidal hall

Answer 23

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

Question 24

Terry

Answer 24

Sought super injunction
Wayne bridge issue
Misuses of private information did not extend to lawful criticism

Question 25

Moreham freedom of expression and legitimate audience interest 2023

Answer 25

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

Question 26

Parliamentary privilege alllows

Answer 26

Disclosure of the super injunction

Question 27

Spycatcher case 1980’s

Answer 27

Breach of confidence