Invasion of Privacy Flashcards
Is there a tort of privacy?
No, there is a tort of misuse of private information and breach of confidence
Coco v AN Clark
A duty of confidentiality is breached when:
- Information exists that has the necessary element of confidence about it
- D could be said to be obliged to keep the information secret
- D made unauthorised use of the information
BREACH OF CONFIDENCE
Venables v News Group Newspapers Ltd
Facts: • C was a notorious murderer convicted at age 11
• Injunctions restricted the information that could be published about them on release
• They sought further injunctions about new identities
Judgment: Injunctions granted
L.P: •Lives at risk if injunctions weren’t granted
• Injunction granted Contra Mundem
•ECHR Art (2) right at risk
BOC
Douglas v Hello
Facts: • C agreed with Ok! Magazine that their wedding photos would be given exclusively to them
• A freelance photographer snuck in and took photos and sold them to Hello! Who published them
• C claimed for breach of confidence
Judgment: claim allowed
L.P: • Wedding was confidential and everyone knew -> it was public knowledge the wedding was to be private
Vidal- Hall v Google
Facts: • C issues proceedings alleging D had obtained and used information relating to their internet usage
Judgment: For C
L.P: Lord Dyson: “ Misuse of private information should now be recognised as a tort”
John V Associated Newspapers
Facts: • C seeked an injunction preventing D from publishing a picture of him standing next to a car with his driver
Judgment: Claim failed
L.P: • Campbell test applied -> No reasonable expectation of privacy
Van Hannover v Germany
Facts: • C had for some time attempted to prevent pictures of her being published in the press
Judgment: Partially successful
L.P: • Injunction granted involving pictures of her children, Children’s needs > Adults
• No breach of privacy to C as she was a public figure
Murray v Express Newspapers
Facts: • C is a famous author who was out with her infant son and the father
• A photographer took pictures of them with a long lens
Judgment: Claim successful
L.P: •Children are protected from intrusive media attention
Campbell v Mirror Group Newspapers
Facts: • C was a super model who publicly stated she didn’t do drugs
• D published an article regarding her drug addiction and attached photographs of her leaving an AA meeting
• C sought damages for breach of confidentiality
Judgment: Claim successful
L.P:
• two pronged test set out:
1.) Did C have a reasonable expectation of privacy, if so
2.) Does C’s interest in maintaining privacy outweigh D’s interest in freedom of expression
