Privacy

by (2014)
18 Flashcards & Notes
1 Students

Study smarter with eFaqt summaries

  • Available on desktop, tablet, mobile & print
  • Questions with answers about the material
  • Access to 300 000 online summaries
  • Smart study features & timers for more results

Get this summary

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'?

    Key elements:

    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?

    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 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 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.

Read the full summary
Access this and thousands of other high quality summaries by creating your eFaqt account.

Example questions in this summary

What are the origins of the tort of privacy?
1
In what ways is the current tort law about privacy different from 'breach of confidence' which formed its basis?
1
What are the key elements of the tort of 'misuse of private infromation'?
1
What are the Human Rights considerations?
1
Page 1 of 5