PRIVACY PROTECTION

Question 1

What is article 8 of the HRA?

Answer 1

Human right to privacy

No interference by pub auth unless u are infringing upon rights of others

Question 2

Is privacy protection a tort?

Answer 2

No, its only enforceable vs public bodies

Question 3

What is the test in the tort of misuse of private info?

Answer 3

R person

Does C have a reasonable expectation of privacy in respect of the info?

If yes does this outweigh D’s interest in publishing info as regards to freedom of expression?

Question 4

Give an example of a case where freedom of expression trumping privacy.

Answer 4

Long Beach Ltd v Global Witness Ltd

Question 5

Which cases gauge whether privacy can be expected in public?

Answer 5

Campbell v MGN

John v Associated Press

Question 6

What remedies are available in tort of misuse of private info?

Answer 6

Injunctions

Damages

Question 7

What does sec 1 of the protection from harassment act 1997 say?

Answer 7

Don’t pursue an act which involves harassment where u are going to persuade someone to do something they are under no obligation to enforce.

Question 8

What are defences for harassment?

Answer 8

Conduct was reasonable under the circumstances
Pursued via statute or rule of law
Done for the purpose of crime prevention