Chapter 15 Key facts checklists

Privacy

●    Privacy has traditionally not been directly protected in English law.

●    The Human Rights Act 1998 has opened the way for the old equitable action for breach of confidence to be adapted to regulate the publication of private information.

●    The art 8 right to respect for private and family life must be balanced with the equally powerful art 10 right to freedom of expression.

●    Campbell v MGN (2004) provides a detailed consideration of this area of law by the House of Lords. Here, Lord Nicholls introduced the tort that is now known as ‘misuse of private information’.

●    Privacy should be studied in conjunction with Chapter 14, ‘Defamation’.