14. Privacy

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Right Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Right Of Privacy ◽  
The Right

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.

14. Invasion of privacy

2019 ◽  
pp. 346-379
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Common Law ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Considerable Controversy ◽  
The Subject ◽  
Reasonable Expectation Of Privacy

This chapter discusses different aspects of privacy. It shows that there is no general common law right to protection from invasion of privacy (the so-called ‘right to be let alone’), but that limitation has been largely subverted by the new law in the second section on the protection of personal information and the reasonable expectation of privacy that has developed significantly in recent years. This shows the potential power of the Human Rights Act 1998 and the European Convention on Human Rights, and is the subject of considerable controversy, especially in relation to the protection of celebrity privacy. The final section considers remedies in privacy cases.

Remedies and Sanctions

2016 ◽  
Author(s):  
Matthew Nicklin QC ◽  
Chloe Strong
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Personal Information ◽  
European Convention ◽  
Criminal Sanctions ◽  
Legal Remedies ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Media ◽  
The Right

This chapter considers the legal remedies that may be available to those who complain that an invasion of their privacy has occurred or is threatened by the actions of the media, as well as touching briefly on the criminal sanctions that may be applicable. Regulatory remedies under the Data Protection Act are considered in Chapter 7 and the remedies available from the media regulators in Chapter 14. Whether a remedy is sought before or after publication, and whether the complaint relates to the content of an actual or proposed publication or the method by which personal information has been obtained, it is likely that any relief granted will affect the exercise of the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights (ECHR). In such circumstances s 12 of the Human Rights Act 1998 (HRA) applies. The interpretation given to this important statutory provision by the courts is considered in Section C, but this chapter begins by looking at Parliament’s intention in enacting s 12. This is not necessarily to suggest that courts should have regard to such material as an aid to construction under the rule in Pepper v Hart but rather to explain the legislative background to this highly relevant provision.

14. Invasion of privacy

2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Common Law ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Considerable Controversy ◽  
The Subject ◽  
Reasonable Expectation Of Privacy

This chapter discusses different aspects of privacy. It shows that there is no general common law right to protection from invasion of privacy (the so-called ‘right to be let alone’), but that limitation has been largely subverted by the new law in the second section on the protection of personal information and the reasonable expectation of privacy that has developed significantly in recent years. This shows the potential power of the Human Rights Act 1998 and the European Convention on Human Rights, and is the subject of considerable controversy, especially in relation to the protection of celebrity privacy. The final section considers remedies in privacy cases.

14. Invasion of privacy

2021 ◽  
pp. 357-390
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Common Law ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Considerable Controversy ◽  
The Subject ◽  
Reasonable Expectation Of Privacy

This chapter discusses different aspects of privacy. It shows that there is no general common law right to protection from invasion of privacy (the so-called ‘right to be let alone’), but that limitation has been largely subverted by the new law in the second section on the protection of personal information and the reasonable expectation of privacy that has developed significantly in recent years. This shows the potential power of the Human Rights Act 1998 and the European Convention on Human Rights, and is the subject of considerable controversy, especially in relation to the protection of celebrity privacy. The final section considers remedies in privacy cases.

1. Introduction, principles, and key concepts

2019 ◽  
pp. 1-9
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Key Concepts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Law ◽  
Law Of Evidence

This chapter introduces the principles and key concepts underlying the law of evidence, with an emphasis on criminal evidence. It reviews Article 6 of the European Convention on Human Rights (ECHR), now part of English law as a result of the Human Rights Act 1998. It concludes by highlighting the importance of analysis of the relevance of the facts in a trial.

17. Remedies and limitation

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Committee Report ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
Developing Area ◽  
The Individual ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defines privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that has made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.

scholarly journals Deprivation of liberty and intensive care: an update post Ferreira

2017 ◽  
Vol 19 (1) ◽  
pp. 35-42 ◽  
Author(s):  
Behrad Baharlo ◽  
Daniele Bryden ◽  
Stephen J Brett
Keyword(s):  
Intensive Care Unit ◽  
Human Rights ◽  
Intensive Care ◽  
European Convention ◽  
Life Saving ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right ◽  
Acid Test ◽  
Article 5

The right to liberty and security of the person is protected by Article 5 of the European Convention on Human Rights which has been incorporated into the Human Rights Act 1998. The 2014 Supreme Court judgment in the case commonly known as Cheshire West provided for an ‘acid test’ to be employed in establishing a deprivation of liberty. This ‘acid test’ of ‘continuous supervision and not free to leave’ led to concerns that patients lacking capacity being treated on an Intensive Care Unit could be at risk of a ‘deprivation of liberty’, if this authority was applicable to this setting. This article revisits the aftermath of Cheshire West before describing the recent legal developments around deprivation of liberty pertaining to intensive care by summarising the recent Ferreira judgments which appear for now to answer the question as to the applicability of Cheshire West in life-saving treatment.

scholarly journals After the Honeymoon: The Uneasy Marriage of Human Rights and the Environment Under the European Convention on Human Rights and in UK Law Under the Human Rights Act 1998

2014 ◽  
Vol 43 ◽  
pp. 317-368
Author(s):  
Karen Morrow
Keyword(s):  
Human Rights ◽  
European Convention ◽  
The Right To Privacy ◽  
The United Kingdom ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right ◽  
Domestic Law

The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (ECHR) regime has, in the absence of specific coverage of environmental rights, developed a “creative” approach in its jurisprudence in this area, pressing a variety of other rights, notably: Article 6 (the right to a fair hearing); Article 8 (the right to privacy and family life); and Article 1 to the First Protocol of the ECHR (the right to enjoyment of property) into service. This creativity has achieved much in according indirect protection to individuals in this regard, but has also placed additional pressure on the already congested Convention system. The entry into force of the Human Rights Act 1998 (HRA) made long-held rights under the ECHR directly accessible in domestic law in the United Kingdom. This naturally spawned a wave of litigation. One of the most prominently litigated areas concerned the pursuit of a variety of environment-based rights claims. In the intervening decade, the application of the ECHR to environmental claims in the UK courts has generated somewhat mixed results. This is in part a result of the “patchwork” approach that has developed toward environmental claims within the Convention regime itself, but it is also a product of the nature of the relationship between the ECHR and domestic law and the content and ethos of both regimes. This article will conclude by briefly considering the on-going role of the ECHR regime in environmental cases in light of subsequent developments in this area of law, notably under the Aarhus Convention.

4. Detention in the police station

2021 ◽  
pp. 155-209
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Police Custody ◽  
Police Station ◽  
Legal Advice ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Police Detention ◽  
The Right ◽  
Detention Officers

This chapter examines the effectiveness of the checks, controls, and safeguards provided for suspects in police detention, including for suspects considered to be vulnerable by the police. It also evaluates the effect of the European Convention on Human Rights and the Human Rights Act 1998. The discussions cover the powers and duties of custody officers and detention officers; length of detention without charge; suspects’ rights including the right to legal advice and the rights of vulnerable suspects; the purpose of and experiences of police detention; and deaths in police custody.

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