Right to Privacy in UK Law

Leading Cases
  • A v B Plc and Another
    • Court of Appeal (Civil Division)
    • 11 Mar 2002

    The court is able to achieve this by absorbing the rights which articles 8 and 10 protect into the long-established action for breach of confidence. This involves giving a new strength and breadth to the action so that it accommodates the requirements of those articles.

  • Campbell v MGN Ltd
    • House of Lords
    • 06 May 2004

    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.

  • White v Withers LLP
    • Queen's Bench Division
    • 19 Nov 2008

    Moreover, there has come to be recognised in domestic law, over the last four years or so, by way of an extension to the existing equitable principles governing breach of confidence, a right of protection against the “misuse of private information”: see e.g. Campbell v MGN Ltd [2004] AC 457 and McKennitt v Ash [2008] QB 73. The cases in which these new principles have so far been applied have been primarily concerned with the wrongful communication of information, in respect of which the claimant had a reasonable expectation of privacy, to a third party or to the world at large.

  • Wainwright v Home Office
    • House of Lords
    • 16 Oct 2003

    Sir Brian Neill's well known article "Privacy: a challenge for the next century" in Protecting Privacy (ed B Markesinis, 1999) contains a survey. Common law torts include trespass, nuisance, defamation and malicious falsehood; there is the equitable action for breach of confidence and statutory remedies under the Protection from Harassment Act 1997 and the Data Protection Act 1998.

  • Murray v Big Pictures (UK) Ltd
    • Court of Appeal (Civil Division)
    • 07 May 2008

    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.

  • Re an application by JR38 for Judicial Review (Northern Ireland)
    • Supreme Court
    • 01 Jul 2015

    When the authorities speak of a protected zone of interaction between a person and others, they are not referring to interaction in the form of public riot. That is not the kind of activity which article 8 exists to protect. In this respect the case is on all fours with Kinloch. Lord Hope's words are equally applicable to the appellant: "The criminal nature of what he was doing, if that was what it was found to be, was not an aspect of his private life that he was entitled to keep private."

  • Douglas v Hello! Ltd (No 1)
    • Court of Appeal (Civil Division)
    • 21 Dic 2000

    What a concept of privacy does, however, is accord recognition to the fact that the law has to protect not only those people whose trust has been abused but those who simply find themselves subjected to an unwanted intrusion into their personal lives. The law no longer needs to construct an artificial relationship of confidentiality between intruder and victim: it can recognise privacy itself as a legal principle drawn from the fundamental value of personal autonomy.

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Legislation
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ...... of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in ...work), and. . . (c) section 85 (right to privacy of certain photographs and. films). Descriptions of work and related ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (b) (b) conferring rights on the data subject to obtain information about the processing of personal ... with the requirements of the data protection legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (  S.I. ......
  • Scottish Biometrics Commissioner Act 2020
    • Scotland
    • 1 de Enero de 2020
    ...... (j) the Scottish Human Rights Commission, . (k) such other persons as the Commissioner considers ... (b) promoting and protecting an individual’s right to privacy, . (c) promoting and protecting public confidence in the acquisition, ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... 1 . General privacy protections Part 1 . General privacy protections . Overview and general ... (b) (b) also exist— . (i) by virtue of the Human Rights Act 1998, . (ii) in section 55 of the Data Protection Act 1998 (unlawful ......
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Books & Journal Articles
  • Right to Privacy Denied by the House of Lords: R v Khan
    • Núm. 4-4, Febrero 1997
    • Journal of Financial Crime
    • 349-351
    In R v Khan (Sultan) the House of Lords had to consider the legality of a conviction based on evidence obtained by means of an electronic listening device attached to a private house without the kn...
  • Global ICT‐ethics: the case of privacy
    • Núm. 6-1, Abril 2008
    • Journal of Information, Communication and Ethics in Society
    • 76-87
    Purpose: The world wide use of information and communication technology (ICT) is one aspect of globalisation. In the ethical discussion of the implications of ICT the right to privacy is in focus. ...
    ......In the ethical discussion of the implications of ICT the right to privacy is in focus. However, ICT-ethics has been developed in a Western context and hence, privacy might be a Western value without relevance in ......
  • A Behavioural Understanding of Privacy and its Implications for Privacy Law
    • Núm. 75-5, Septiembre 2012
    • The Modern Law Review
    This article draws upon social interaction theory (the work of Irwin Altman) to develop a theory of the right to privacy, which reflects the way that privacy is experienced. This theory states that...
    ...... for Privacy Law Kirsty Hughes * This article draws upon social interaction theory (the work of Irwin Altman) to dev elop a theory of the right to privacy,which reflects the way that privacy is experienced. This theory states that the right to privacy is a right to respect for barr iers, ......
  • Electronic Data Interchange, Data Protection and the European Community: Implications for the Banking and Insurance Sectors
    • Núm. 2-1, Febrero 1994
    • Journal of Financial Crime
    • 49-57
    Banking and insurance sectors have witnessed an increased use of computers for transferring all types of information. There is no uniformity in the extent to which different Member States of the Eu...
    ...... Communit y (EC ) protec t a dat a subject' s righ t t o privacy . Th e E C ha s sough t t o harmonis e th e dis - parat e law s ... t takin g du e accoun t o f othe r factor s suc h a s th e right t o privacy. 3 O f course , th e weightin g tha t i s t o b e ......
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Law Firm Commentaries
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