14. Privacy

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Common Law ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the emergence of a new action to protect privacy under the Human Rights Act 1998, with particular reference to unjustified publication of private information. It begins by considering whether privacy is a protected interest at common law and whether privacy must be recognised and given protection through the law of tort. It then examines the tools which have been used in the partial absorption of privacy as a protected interest in common law, citing the provisions of the Human Rights Act 1998 and Article 8 of the European Convention on Human Rights. The controversies surrounding disclosure of private information and the power of injunctions are also considered, along with the issue of intrusion as an invasion of privacy.

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.

16. Invasion of privacy

Tort Law ◽  
2019 ◽  
pp. 446-481
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Freedom Of Expression ◽  
Free Standing ◽  
Legal Concept ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Right To Information

This chapter examines the nascent ‘tort’ of invasion of privacy. It first considers why no free-standing tort of invasion of privacy exists, before looking at breach of confidence—a legal concept straddling tort and equity and concerned with ‘secrets’ and judicially adapted to protect privacy by developing the new tort of misuse of private information. The chapter then asks whether developments in the law protecting privacy—particularly in the wake of the Human Rights Act 1998—threaten freedom of expression and therefore the general public’s ‘right’ to information, particularly about celebrities, including royalty and politicians.

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.

16. Invasion of privacy

Tort Law ◽  
2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Freedom Of Expression ◽  
Free Standing ◽  
Legal Concept ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Right To Information

This chapter examines the nascent ‘tort’ of invasion of privacy. It first considers why no free-standing tort of invasion of privacy exists, before looking at breach of confidence—a legal concept straddling tort and equity and concerned with ‘secrets’ and judicially adapted to protect privacy by developing the new tort of misuse of private information. The chapter then asks whether developments in the law protecting privacy—particularly in the wake of the Human Rights Act 1998—threaten freedom of expression and therefore the general public’s ‘right’ to information, particularly about celebrities, including royalty and politicians.

16. Invasion of privacy

2021 ◽  
pp. 449-483
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Freedom Of Expression ◽  
Free Standing ◽  
Legal Concept ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Right To Information

This chapter examines the nascent ‘tort’ of invasion of privacy. It first considers why no free-standing tort of invasion of privacy exists, before looking at breach of confidence—a legal concept straddling tort and equity and concerned with ‘secrets’ and judicially adapted to protect privacy by developing the new tort of misuse of private information. The chapter then asks whether developments in the law protecting privacy—particularly in the wake of the Human Rights Act 1998—threaten freedom of expression and therefore the general public’s ‘right’ to information, particularly about celebrities, including royalty and politicians.

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.

15. The European Convention on Human Rights and the Human Rights Act 1998

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Liberties ◽  
European Convention ◽  
Bill Of Rights ◽  
Rights Protection ◽  
Positive Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts' historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.

2. Burden of proof

2019 ◽  
pp. 10-36
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Burden Of Proof ◽  
Case Law ◽  
Detailed Examination ◽  
European Convention ◽  
Presumption Of Innocence ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Civil Cases

This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. It concludes with an overview of the law on presumptions.

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.

Sign in / Sign up

Export Citation Format

Share Document