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Summary - Privacy
19 Privacy - Overview
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'?
i. The information should be capable of being considered ‘private’
ii. The disclosure of that information should unjustified
What are the Human Rights considerations?
Article 8 – right to respect for privacy
Article 10 - right to freedom of expression
What defenses can you use if someone brings a clam for'misuse of private information' against you?
i. Consent to disclosure
ii. Private information is already in public domain
What year was the Human Rights Act?Human Rights Act 
What does the HRA do?Imports ECHR into English law.
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 restatedIn 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.