Read the summary and the most important questions on Privacy

• 19 Privacy - Overview

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• What are the origins of the tort of privacy?

  -          Origin: equitable wrong of breach of confidence

• In what ways is the current tort law about privacy different from 'breach of confidence' which formed its basis?

  -          The person disclosing info. may be in the wrong without the victim having confided in him

  -          Not governed by traditional maxims of equity

  -          New tort – concerned specifically with the wrongful use or disclosure of private information

• What are the key elements of the tort of 'misuse of private infromation'?

  Key elements:

  i.                     The information should be capable of being considered ‘private’

  ii.                   The disclosure of that information should unjustified

• What defenses can you use if someone brings a clam for'misuse of private information' against you?

  1.       Defenses:

  i.                     Consent to disclosure

  ii.                   Private information is already in public domain

• What year was the Human Rights Act?

  Human Rights Act [1998]

• What statute covers the misuse of private information?

  Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence"
  
  Article 10 of the European Convention on Human Rights provides the right to freedom of expression, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society"

• What are the 3 requirements for  a breach of confidence?

  In the judgment Brooke LJs restated 

  In the judgment Brooke LJs restated the three requirements for there to have been a breach of confidence.

  ·                     There has to be an obligation of confidence;

  ·                     It arises only on private occasions;

  ·                     The prospective claimants have to make clear that no photographic pictures are to be taken.

• 19.1.1 Theakston v Mirror Group Newspapers Ltd [2002

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• Summary Theakston v MGN Limited [2002]

  Breach of Cofidence – Privacy – Data Protection Act 1998 – interim injunction – Photographs -section 12 Human Rights Act 1998

• Facts Theakston v MGN Limited [2002]

  The Claimant, Jamie Theakston, was photographed without his consent whilst in a brothel in Mayfair. The prostitutes took their story to the Sunday People, and the injunction sought to prevent publication both of the details of the Claimant’s activities whilst in the brothel and the photographs which were taken there without his consent.

• Issue Theakston v MGN Limited [2002]

  Details & Photos of C’s acts at a brothel private/confidential?
  C entitled to an injunction to prevent publication?