Misuse of Private Information in UK Law
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Murray v Big Pictures (UK) Ltd
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They include the attributes of the claimant, the nature of the activity in which the claimant was engaged, the place at which it was happening, the nature and purpose of the intrusion, the absence of consent and whether it was known or could be inferred, the effect on the claimant and the circumstances in which and the purposes for which the information came into the hands of the publisher.
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Campbell v MGN Ltd
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Now the law imposes a 'duty of confidence' whenever a person receives information he knows or ought to know is fairly and reasonably to be regarded as confidential. The continuing use of the phrase 'duty of confidence' and the description of the information as 'confidential' is not altogether comfortable. Information about an individual's private life would not, in ordinary usage, be called 'confidential'. The essence of the tort is better encapsulated now as misuse of private information.
Accordingly, in deciding what was the ambit of an individual's 'private life' in particular circumstances courts need to be on guard against using as a touchstone a test which brings into account considerations which should more properly be considered at the later stage of proportionality. Essentially the touchstone of private life is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy.
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Matthew Cooper and Another v Mark Turrell
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I shall award £50,000 to Mr Cooper as damages for libel and an additional £30,000 for damages for misuse of private information. Since damages for libel include compensation for distress, I must avoid double counting. If I had been awarding damages for misuse of private information alone, I would have awarded £40,000 for that.
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Imerman v Tchenguiz and Others
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The domestic law of confidence was extended again by the House of Lords in Campbell v MGN Ltd [2004] UKHL 21, [2004] 2 AC 457, effectively to incorporate the right to respect for private life in article 8 of the Convention, although its extension from the commercial sector to the private sector had already been presaged by decisions such as Argyll v Argyll and Hellewell v Chief Constable of Derbyshire [1995] 1 WLR 804.
It is of the essence of the claimant's right to confidentiality that he can choose whether, and, if so, to whom and in what circumstances and on what terms, to reveal the information which has the protection of the confidence.
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Nicholas Anthony Christopher Candy v Mark Alan Holyoake and Others
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In this case it is in my judgment essential, if there is to be a fair and efficient resolution of the claims, for the claimant to identify the information he seeks to protect and to specify the matters relied on in support of the contention that the retention, disclosure or use of the information would represent a misuse of private information or a breach of confidence.
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The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 13) Order 2018
...... or website containing news or information about or comment on current affairs;. ...(d) misuse of private information, or. (e) harassment, where ......
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Digital Economy Act 2017
...... about the payment of charges to the Information Commissioner; to make provision about payment ... (a) Her Majesty in Her private capacity, . (b) Her Majesty in right of the ... means an offence under section 4(3) of the Misuse of Drugs Act 1971 or section 5 of the ......
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The Civil Procedure (Amendment No. 3) Rules 2019
......) of the UNECE Convention on Access to Information, Public Participation in Decision-Making and ...a claim for misuse of private information;. a claim in data ......
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The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 5 and Saving Provision) Order 2013
...... or website containing news or information about or comment on current affairs; . ... (d) misuse of private information; or . (e) harassment, ......
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Beyts v Trump International Golf Club Scotland Ltd : Caught Short on Data Protection and Privacy
......, or more specifically, notified the Information Commissioner of their data processing, as ...'s (“ECHR”) requirement to protect private life, and christened in Campbell v MGN as misuse ......
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Elspeth Christie Reid, PERSONALITY, CONFIDENTIALITY AND PRIVACY IN SCOTS LAW Edinburgh: W Green & Son (www.wgreen.co.uk), Scottish Universities Law Institute, 2010. li + 379 pp. ISBN 9780414016811. £120.
...... Christie Reid, Professor of Scottish Private Law at the University of Edinburgh, reminds us ... reputation, image and the control of information). The book begins with an introduction, Part Two ... confidence, equity and tort in respect of misuse of private information, commercialising of image, ......
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Book Review: Criminal Women
...... Employing "private pain to inform a public issue" (p 181), ... intrusiveness of the regime; the misuse of private information; the denial of ......
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Book Review: Violence and Crime in Cross National Perspective
...... Employing "private pain to inform a public issue" (p 181), ... intrusiveness of the regime; the misuse of private information; the denial of ......
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UK Court Ruling Allows Claims Against Google for Misuse of Private Information
The Court of Appeal in the UK held that there is a tort of "misuse of private information," and that victims may recover damages without showing financial loss.
- High Court Rules That Public Interest Defence Is, In Principle, Available In Both Breach Of Confidence And Misuse Of Private Information Claims
- Intellectual Property: Breach of ConfidenceMisuse of Private Information
- UK Residents Can Sue Google Inc In England For Misuse Of Private Information