Topic 9: Privacy Flashcards
1
Q
Is there a general tort for invasion of privacy?
A
No, however, there are alternative torts that resemble such a tort
2
Q
What are the two key current torts for privacy?
A
Breach of confidence AND Misuse of confidential information
3
Q
What are the elements for Misuse of Confidential Information?
A
1) Did C have reasonable expectation of privacy in regard to the info 2) Does C’s interest in privacy outweigh D’s freedom of expression
4
Q
What are some limits to freedom of expression (i.e. where privacy is favoured)?
A
Cases with Children (Murray v Express) and Where there is no justification for info being shared (e.g. no public interest) (Mosley v News Group Newspapers Ltd)
