privacy

Question 1

how is privacy protected?

Answer 1

protection by government regulations
government initiatives
different torts

Question 2

trespass to land?

Answer 2

interference must be direct and physical

claimant must be in possession of the land

Question 3

nuisance?

Answer 3

no action for personal injury
unjustified interference with use and enjoyment of land or interference with rights over it
must have an interest in the land

Question 4

trespass to person?

Answer 4

protects personal integrity
all have a right to be left alone by others and not have movement restricted
assault
false imprisonment
battery

Question 5

protection from harassment?

Answer 5

protection from harassment act 1977

the offence must consist of a course of conduct

Question 6

defamation?

Answer 6

protects an individual if publication is untrue

Question 7

malicious falsehood?

Answer 7

protects business interests
malicious publication of a false statement which identifies the claimant, his business, property or economic interests which can be shown to have caused the claimant financial loss

Question 8

breach of confidence?

Answer 8

a wrong arising from the breach of duty to keep confidence in either a confidential situation, a transaction or a relationship

Question 9

what are the elements for breach of confidence?

Answer 9

• information must have the necessary element of confidence
• defendant must be an under an obligation of confidence
• defendant must make unauthorised use of the information

Question 10

misuse of private information?

Answer 10

two stage test:

• did the claimant have a reasonable expectation of privacy with respect to the information disclosed
• is the person’s right to privacy more important, in the circumstances, than someone else’s right to freedom of expression

Question 11

what is the remedy for a privacy claim?

Answer 11

injunction
- interim - will put the issue on hold until the case is tried in court
permanent - issued if the claimant proves their case at trial