Flashcards
What is Privacy?
Cards in this deck (12)
- 1What do we mean by Privacy?The desire to be left alone, free to be ourselves- uninhibited and unconstrained by the pry of others (Raymond Wicks)
Some now suggest it is the right to control what is said about you. - 2What laws govern privacy?Article 8 ECHR
HRA 1998
There is no statute which states what privacy is though, how it is protected, and what can be done to stop people from breaking our privacy.
(note for essay, France and Germany have a code to set this out) - 3What is the difference between Defamation and Privacy?Under defamation, it is a defence to state something which is true, so no liability.
However, privacy protects you even if the statement is true, as the release of the statement will breach your right to privacy. - 4Calcutt CommitteeRecommended press self-regulated instead of legislation.
Contained a privacy code, but not enforceable in law. - 5How is privacy protectedDefamation
Trespass to the person
Trespass to the land and nuisance
Malicious falsehood
Protection from Harassment Act 1997
Breach of confidence - 6What is the court's view about the law on privacy?They have stated they cannot change the law, and it does need changing, however, it is so important that Parliament should do it. Although they have stated that, if parliament hasn't done it yet, must mean they don't want to change it.
The Supreme Court has said itself, and the Appeal courts will work to change the common law where there are gaps. - 7What cases highlight the issues with Privacy?Kaye v Robertson [1991]
- 8Kaye v Robertson [1991]case about Allo Allo actor with head injury from stormy conditions. News reporter entered his hospital room without permission.
They claimed he was not fit to consent and sign and agreement for the interview and pictures to be published.
No injunction was granted, as it was not like to happen again.
He lost money because he could not sell his story anymore.
Malicious falsehood was the only one which could be applied, but it only protects economic interests, not his privacy.
(look into case more) - 9Argyll v Argyll [1967]?
- 10Coco v AN Clarke (Engineers) Ltd [1968]Breach of confidence
They should have realised the information they were given was given to them was private. - 11Attorney General v Guardian Newspaper (No 2) [1990]If you come across something where the information should be confidential, then you have a duty to keep it that way.
Publishing the information would be a breach of confidence. - 12Hellewell v Chief Constable of Derbyshire [1995]Police took photos at a distance and showed them to shops warning them they were shoplifters. Brought claim for breach of confidence.
Would have been a breach, but this time it was in the public interest for the Police to do this
(This is important because it shows the public interest concept is coming in through ECHR).
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- Law of Tort (Privacy) Flashcards on What is Privacy?, created by James Dolton on 01/02/2018.
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- James Dolton
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