Right to Privacy in UK Law

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

  • 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.

  • 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.

    The mind that they examined was the mind of the reader: para 54. The mind that has to be examined is that, not of the reader in general, but of the person who is affected by the publicity. The question is what a reasonable person of ordinary sensibilities would feel if she was placed in the same position as the claimant and faced with the same publicity.

  • OBG Ltd and another v Allan and Others
    • House of Lords
    • 02 May 2007

    's claim is to protect commercially confidential information and nothing more. The fact that the information happens to have been about the personal life of the Douglases is irrelevant. It could have been information about anything that a newspaper was willing to pay for. What matters is that the Douglases, by the way they arranged their wedding, were in a position to impose an obligation of confidence.

  • Imerman v Tchenguiz and Others
    • Court of Appeal (Civil Division)
    • 29 July 2010

    However, given that the domestic law on confidentiality had already started to encompass privacy well before the 1998 Act came into force, and that, with the 1998 Act now in force, privacy is still classified as part of the confidentiality genus, the law should be developed and applied consistently and coherently in both privacy and ‘old fashioned confidence’ cases, even if they sometimes may have different features.

  • Michael Douglas (1st Respondent) Catherine Zeta-Jones (2nd Respondent) Nothern & Shell Plc (3rd Respondent) v Hello Ltd (1st Appellant) Hola S.A. (2nd Appellant) Eduardo Sanchez Junco (3rd Appellant)
    • Court of Appeal (Civil Division)
    • 18 May 2005

    Insofar as a photograph does more than convey information and intrudes on privacy by enabling the viewer to focus on intimate personal detail, there will be a fresh intrusion of privacy when each additional viewer sees the photograph and even when one who has seen a previous publication of the photograph, is confronted by a fresh publication of it.

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Legislation
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • January 01, 1988
    ... ... rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make ... to derogatory treatment of work) , and(c) section 85 (right to privacy of certain photographs and films) ... Descriptions of work and related ... ...
  • The Remote Observation and Recording (Courts and Tribunals) Regulations 2022
    • UK Non-devolved
    • January 01, 2022
    ... ... (iv) the safety and right to privacy of any person involved with the proceedings ... Provision ... ...
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... Part 1: General privacy protections ... Overview and general privacy duties ... 1: Overview of ... telecommunication system if the person—(a) is a person with a right to control the operation or use of the system, or(b) has the express or ... ...
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... 1(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 ... from data subject: information to be provided) ,(iii) Article 20 (right to data portability) , and(iv) Article 21(1) (objections to processing) ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Apply for (no fault) Right to Manage
    • HM Courts & Tribunals Service court and tribunal forms
    Leasehold (management) dispute applications forms including applications for orders.
    ... ... To receive a paper copy of this privacy ... ...
  • Application for permission to appeal a decision of the First-tier Tribunal (Care Standards)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to First-tier Tribunal (Care Standards), including appeal forms.
    ... ... of the decision letter sent to you, giving you the right to ... appeal and any other relevant documentation ... Telephone: 01325 ... To receive a paper copy of this privacy notice, please call 0300 123 1024 Textphone 18001 0300 123 1024. If ... ...
  • Application to set aside a decision of the First-tier Tribunal (Care Standards)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to First-tier Tribunal (Care Standards), including appeal forms.
    ... ... of the decision letter sent to you, giving you the right to ... appeal and any other relevant documentation ... Telephone: 01325 ... To receive a paper copy of this privacy notice, please call 0300 123 1024 Textphone 18001 0300 123 1024. If ... ...
  • Apply for probate by post if there is a will
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
    ... ... C – Power reserved: they have chosen not to apply, but reserve the right to ... do so later ... D – Renunciation: they have chosen not to apply, ... EQ10 – Equalities questions – Probate (11.20) ... Privacy notice ... By submitting your answers, you agree that we can collect your ... ...
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