Misuse of Private Information 1 Flashcards
Development of Breach of Confidence into Misuse of Private Information (15 cards)
What is the definition of privacy?
Solitude and freedom from unwanted intrusion by others
Under the traditional protections, was there any direct actions?
No - indirect protections via tort e.g. trespass against the person
What happened in Wainwright v Home Office?
Family visiting son in prison were strip searched after doubts of his sobriety
What did the trial judge state in Wainwright?
Deemed it to amount to trespass against the person
What did the CA + HOL decide in Wainwright?
Rejected the trial judge’s findings and the existence of tort of privacy
What was the impact of the Human Rights Act 1997 on breach of confidence?
Balancing act between s.8 right to private life and s.10 right to freedom of expression = developed from an equitable principle to a tort action against the misuse of private info
What did breach of confidence originally focus on?
commerical/private information -> disclosed within the context of a confidential relationship = created obligation of confidence
What was later accepted following the Campbell v MGN case [2004]?
An obligation of confidence can arise from the nature of the information + the wrongful nature of obtaining the info
What was the development regarding the misuse of private information?
- Developed in Campbell
- Refined in Douglas v Hello + Murray v Express Newspaper
- Identified as distinct tort in Vidal-Hall v Google
What happened in Campbell v MGN [2004]
Naomi Campbell photographed leaving Narcotics Anonymous meeting -> posted in newspaper with information about meetings
What did Campbell argue?
Newspapers had the right to report the bare facts, but using photographs and details of the meetings were actionable
What was the decision in Campbell?
The photos taken, and information of the meetings were private information, and as D had done more than what was necessary to provide a credible story
What was the 2 stage test developed following Campbell?
(1) Claimant must show a reasonable expectation of privacy + (2) Defendant must show that their interests in sharing the information outweights Claimant’s interest in privacy
How did Douglas v Hello and Murray v Express Newspapers refine the 2-stage test in Campbell?
Identified when the holder of information has a ‘reasonable expectation of privacy’ in it.
Under D v H + M v E N, when will the holder of info have reasonable expectation of privacy in it?
Focus on all circumstances = nature of activity, claimant attributes, purpose of intrusion, location of activity, whether the effect on the claimant was known/inferred
