Privacy
30 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does the European Convention on Human Rights primarily protect citizens from?

  • Their own government (correct)
  • International organizations
  • World governments
  • Other citizens

    • The Human Rights Act of 1998 incorporated the ECHR into UK law.

    True

    Name one right protected under Article 8 of the ECHR.

    Right to respect for private and family life

    If someone’s privacy has been invaded, they can seek a high court _________ to prevent publication.

    <p>injunction</p> Signup and view all the answers

    Match the following ECHR articles with their respective rights or freedoms:

    <p>Article 2 = Right to life Article 5 = Right to liberty and security Article 10 = Freedom of expression Article 14 = Non-discrimination in respect of these rights</p> Signup and view all the answers

    Which body can individuals complain to regarding privacy breaches?

    <p>IPSO/Impress</p> Signup and view all the answers

    A reasonable expectation of privacy is assessed only by the media.

    <p>False</p> Signup and view all the answers

    What must the media prove if a reasonable expectation of privacy is established?

    <p>It was in the public interest to publish</p> Signup and view all the answers

    The invasion of privacy can lead to legal action through ________ courts for damages.

    <p>civil</p> Signup and view all the answers

    Which of the following is NOT a reason the media may defend publishing private information?

    <p>Providing entertainment</p> Signup and view all the answers

    What did the High Court rule regarding the case of Max Mosley?

    <p>His privacy was breached due to lack of public interest justification</p> Signup and view all the answers

    The privacy of individuals under investigation can generally be considered non-existent.

    <p>False</p> Signup and view all the answers

    What factor might defeat a person's legitimate expectation of privacy if they are arrested?

    <p>If the arrest is made in public.</p> Signup and view all the answers

    The publication of paparazzi pictures of ________ taken in the street has led to privacy lawsuits.

    <p>children of high-profile parents</p> Signup and view all the answers

    In the 2003 case Peck v United Kingdom, what type of privacy breach was identified?

    <p>Broadcast of CCTV footage of a suicide attempt</p> Signup and view all the answers

    What is the potential consequence of covertly taking pictures at a wedding held in a private place?

    <p>It is likely to breach someone's privacy.</p> Signup and view all the answers

    Health privacy laws fully allow the disclosure of all medical information without consent.

    <p>False</p> Signup and view all the answers

    Match the following privacy concerns with their examples:

    <p>Sexual privacy = Adulterous activities reported in the media Health privacy = CCTV footage of a suicide attempt Family privacy = Paparazzi photos of children Public interest = Arrest made in public</p> Signup and view all the answers

    The courts have become more willing to protect people’s privacy around ________ relationships.

    <p>sexual</p> Signup and view all the answers

    Which of the following is a recognized factor that weakens reasonable expectations of privacy?

    <p>Engaging in activities with public attention</p> Signup and view all the answers

    What is required for media to argue that the publication was in the public interest?

    <p>The information must contribute to a debate of interest to society.</p> Signup and view all the answers

    A person can be photographed in their front garden if they are visible from the public view.

    <p>True</p> Signup and view all the answers

    What key criteria must judges consider in privacy cases?

    <p>Adherence to regulatory requirements, public interest justification, prior conduct of the individual, and how information was obtained.</p> Signup and view all the answers

    An audit trail should be _____, created at the time of the discussion(s) and decision(s).

    <p>contemporaneous</p> Signup and view all the answers

    Match the following public interest defenses with their purposes:

    <p>Protect public safety = Ensures the safety of the community Prevent disorder or crime = Addresses potential lawlessness Protect public from being misled = Maintains informed public Expose serious impropriety = Holds individuals accountable</p> Signup and view all the answers

    Which option represents a condition under which a person has a reasonable expectation of privacy?

    <p>In their private home.</p> Signup and view all the answers

    Editors are allowed to intrude into an individual's private life without needing justification.

    <p>False</p> Signup and view all the answers

    What must a judge ensure regarding the publication's adherence in privacy cases?

    <p>The publication adhered to Ipso or Ofcom’s regulatory requirements.</p> Signup and view all the answers

    The principles of freedom of expression are valuable to _____ and society.

    <p>democracy</p> Signup and view all the answers

    Which of the following is not a valid reason for media to engage in publishing information about an individual?

    <p>To entertain the public.</p> Signup and view all the answers

    Study Notes

    European Convention on Human Rights

    • Protects citizens from government intrusion
    • UK adopted the European Convention on Human Rights (ECHR) through the Human Rights Act 1998
    • ECHR established a major impact on UK media, especially regarding journalists and publishers

    What is the Convention?

    • Sets out fundamental rights and freedoms
    • UK courts must consider the convention and its precedents in legal rulings

    ECHR Rights

    • Right to life (Article 2): A fundamental right
    • Liberty and security (Article 5): Protection against arbitrary detention
    • Fair trial (Article 6): Right to a fair and public hearing
    • Avoid punishment for actions not previously illegal (Article 7): Protection against retrospective criminalization
    • Private and family life (Article 8): Importance of privacy and family life
    • Right to marry and family life (Article 12): Freedom to marry and form a family
    • Protection from discrimination (Article 14): Equal protection under the law,
    • Freedom from torture (Article 3): Unacceptable under any circumstances
    • Freedom from slavery (Article 4): Unacceptable in all circumstances
    • Freedom of thought, conscience, and religion (Article 9): Freedom of belief and expression
    • Freedom of expression (Article 10): Freedom to express ideas and opinions
    • Freedom of assembly and association (Article 11): Right to gather and form groups
    • Seeking Legal Remedies (Civil Courts): Court orders (injunctions) against publication and/or damages (money).
    • Regulatory Complaints: Complaints to press regulatory bodies.  
    • Possible Corrections or Fines If the regulator finds wrongdoing.

    Stage 1 - Reasonable Expectation of Privacy

    • Did the person have a reasonable expectation of privacy in a particular situation?

    Stage 2 - Public Interest

    • If privacy was reasonable, was the publication warranted in the public interest to protect public safety?

    Stage 1 Factors (Reasonable Expectation of Privacy)

    • Location: If in public, it can lessen the expectation.
    • Actions: Was the person involved (engaged in) a private activity? (Private vs. Public)

    Privacy Areas

    • Private Life: Includes sex life, health, and situations involving the state (investigation etc.)
    • Family Life: Relationships and children
    • Correspondence: (Letters, DMs, texts etc.)

    Private Life Examples

    • Sexual encounters: Courts are protective of these unless the public has a strong interest.
    • People under investigation: Protected by a reasonable expectation of privacy
    • Privacy of home: (General)
    • Public place, reasonable expectation: Private activity/public place.
    • Media Scrutiny: (Photographic/Video recording)

    Public Interest

    • Contributing to Debate of Interest to Society (Freedom of Expression is vital for democracy)
    • How Well-Known Person Involved
    • Previous Conduct of Person Involved

    Factors Defeating Public Interest / Privacy Violation Cases

    • Location of the Arrest: Public arrests diminish privacy concerns.
    • Actions Under Consideration (e.g., Rioting): Actions are public; therefore, privacy concerns are weaker

    Privacy vs. Rights:

    • People give up some privacy to live in society.
    • Courts must balance privacy with public interest.

    Adherence to Regulation in Privacy Cases

    • Audit Trail Required: Evidence-gathering method is critical to verify actions taken regarding the public interest justification

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Privacy PDF

    Description

    This quiz covers the fundamental aspects of the European Convention on Human Rights (ECHR) and its significance in the UK legal framework. Participants will explore key rights protected by the ECHR, including the right to life and the right to a fair trial. Additionally, the impact of the ECHR on media practices and government accountability will be discussed.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser