Privacy Notes

Privacy 1) Identify the cause of action a) Misuse of Private Information a) Applies where there is a reasonable expectation of privacy b) Can be used where there is no 'relationship' between the Claimant and Defendant * Example: o Defendant = Magazine o Claimant = Person who story is about o Third party = The person giving the story to the Magazine b) Breach of Confidence a) Applies where the information is also confidential as well as private b) Can be used where there is a 'relationship' between the Claimant and the Defendant e.g. a former lover writing a book about a partner 2) Apply the appropriate test a) Misuse of Private Information Apply the test in Campbell / McKennitt * Campbell v MGN ? Essentially created the tort of Misuse of Private Information and established a test * McKennitt v Ash ? Refined the test b) Breach of confidence a) The original 3 stage test for Breach of Confidence was outlined in Coco v Clark. Still mention this case. b) However the courts are now applying the test in Campbell / McKennitt to Breach of Confidence cases * Campbell v MGN ? Essentially created the tort of Misuse of Private Information and established a test * McKennitt v Ash ? Refined the test 3) Is it necessary for the claimant to say whether the information is true or false? No ? Following McKennitt it is not necessary for the claimant to say whether the information is true or false to bring an action in privacy 4) Identify each individual bit of information complained about E.g.: 5) Each piece of information complained about must be analysed separately This was established in both Browne v Associated Newspapers and McKennitt 6) Apply the test in Campbell / McKennitt to each individual bit of information in turn 1) Is the information private and as a result is there a reasonable expectation of privacy? a) Drug taking b) Rehab c) Private details of relationship d) A photo a) The question to be asked is "Has the claimant's Article 8 rights (right to a private life) been engaged in relation to that specific piece of information A...B...C" Ash v McKennitt Facts * McKennitt, a Canadian singer, claimed part of a book written by her former close friend, Ash, the defendant, revealed personal details she wanted to keep private. * Relationship between claimant + defendant ? mention this case for breach of confidence Judgement Final injunction granted against the book ? There must be real public interest in disclosure of the information Factors / Information that was private 1) Matters relating to health, diet, personal and sexual relationships, emotional vulnerability and personal feelings, in particular those following the death of her fiance 2) This information was obviously private due to the close relationship between the parties and therefore there was a expectation of privacy in relation to this information Lord Browne v Associated Newspapers Facts * A homosexual relationship involving the Chief Executive of BP was widely known about but had not been reported in the media Judgement Final injunction granted against some details, but failed on others Factors / Information that was private 1) Key question was whether the person who received the information knew or ought to have reasonably known that the information was fairly and reasonably to be regarded as confidential or private ? This must be asked of each piece of information in dispute 2) Not all information is confidential ? It depended on the nature and type of information 3) Business information passed to lover was information that the lover should have known or reasonably known there was an expectation of privacy in Max Mosley v NGN Facts * Mosley was covertly filmed and photographed in a private residence in what the newspaper called a "Nazi Sex Orgy". Mosley was at the time the president of the Federation Internationale de L'Automobile Judgement Damages granted for Mosley Factors / Information that was private 1) People can have a reasonable expectation of privacy details of their sex lives 2) Covert photos were an intrusion into his private life 

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