Privacy Law and Ethics Flashcards
(10 cards)
What is the legal basis for privacy law in the UK?
It is a common law tort based on Article 8 of the European Convention on Human Rights, via the Human Rights Act 1998.
What does Article 8 of the ECHR guarantee?
The right to respect for private and family life, home, and correspondence.
What are the two stages of a privacy claim in UK law?
- Whether there is a reasonable expectation of privacy. 2. Whether this outweighs the media’s Article 10 rights (freedom of expression).
Can privacy apply in public spaces?
Yes, if there is a reasonable expectation of privacy in that specific context (e.g. medical emergency, child, etc.).
What happened in Peck v UK?
A man filmed after attempting suicide claimed a breach of privacy when CCTV footage was disclosed. The ECHR ruled this was disproportionate interference with Article 8 rights.
What did the court rule in J.K. Rowling’s privacy case?
Even everyday family outings can carry a reasonable expectation of privacy, especially involving a child.
What did the court rule in Duchess of Sussex v ANL?
The publication of her letter was ruled an unlawful breach of privacy, as it was personal and she had a reasonable expectation of privacy.
What does proportionality mean in privacy cases?
Media must act proportionately—e.g., pixelating faces or avoiding graphic details if publication might distress or expose individuals.
Can information in the public domain still be protected by privacy law?
Yes. Courts assess whether republication is proportionate and justified.
What factors are weighed against privacy rights in media cases?
Public interest, hypocrisy, harm caused, previous publicity, and how widely info is already available.
