Breach of Confidence

Question 1

Origin

Answer 1

Kaye v Robertson
-no right to privacy in UK law
-Art10 v Art 8
-common law tort
-Wainwright v Home Office 2003: still no cause of action for invasion of privacy

Question 2

Defintion

Answer 2

Calcutt Committee 1990
-protect against intrusion
-personal life, affair, family, by direct physical or publication

Question 3

Disclosure of information

Answer 3

-civil remedy
-injunction or compensation
-Prince Albert v Strange: etchings
-Argyll v Argyll: adultery

Question 4

Elements

Answer 4

Coco v AN Clark
-information necessary quality of confidence
-in circumstance importing obligation of confidence
-unauthorised use

Question 5

Information

Answer 5

-Stephen v Avery: sexual orientation
-Princess of Wales v MGN: photographs
-Fairnie v Reed: given in confidence due to clear commercial value

Question 6

Public defence

Answer 6

-not protected if public interest outweighs perceiving

Question 7

Art 2 took priority protecting Art 8

Answer 7

Venables and Thompson v News Group

Question 8

super model and drugs, Art 10 restricted

Answer 8

Campbell v MGN

Question 9

Photos at wedding, Art 10 restricted

Answer 9

Douglas v Hello

Question 10

stig, top gear, lost confidential character, Art 10 protected

Answer 10

BCC v Harper Collins

Question 11

No injunction as information was already in wide circulation
Art 10 Protected

Answer 11

Terry v Persons Unknown

Question 12

Privacy in ECHR
Factors to consider

Answer 12

Van Hannover v Germany