Privacy Flashcards
recognised the need for a tort of invasion of privacy
Kaye [1991]- Gorden Kaye photographed in hospital bed could get no remedy due to the absence of such tort to protect him
reluctant to create a privacy tort- Lady Hale 2004
Campbell v Mirror Group Newspaper [2004]
reasons for the aversity of Parliament and the Judiciary as to creating this new tort
lack of suitable definition; lack of precedent; concerns about frivolous claims; restrains on freedom of expression
breach of confidence protects ‘secrets’ or confidential information, but operates only when a duty of confidentiality is present
Coco v AN Clark (Engineers) Ltd [1968]
A duty will arise if a party gains information
and knows that they would be expected to keep it confidential, however it was obtained
AG v Guardian Newspapers [1990]
injunction protecting information about whereabouts
Venables [2001]
what is a defence to breach of confidence?
disclosure of the info is in the public interest
Douglas v Hello! [2005]- remedy
failed to get an injunction; were warded damages instead
which case confirmed the tort of misuse of private info?
Vidal-Hall and others v Google Inc [2014]
what is the 2 stage test for misuse of private info?
- did c have a ‘reasonable expectation’ to privacy?
-does c’s interest in maintaining privacy outweigh d’s interest to freedom of exp?
published a book with personal details about C; knew the information from their close friendship
McKennitt v Ash [2006]
caught doing ‘sexual activities’ on CCTV
Elizabeth Jagger v John Darling [2015]
private intimate relationships are held to attract a reasonable expectation of privacy even in a non-celebrity context
Bull v Desporte [2019]
balancing between article 8 and 10; Monaco princess case
Von Hannover v Germany [2004]
iniquity defence
public interest defence
