Podcast
Questions and Answers
What are the three elements required for a breach of confidence as per Coco v AN Clark?
What are the three elements required for a breach of confidence as per Coco v AN Clark?
According to A-G v Guardian Newspapers (No 2), under what circumstances can a duty of confidence exist?
According to A-G v Guardian Newspapers (No 2), under what circumstances can a duty of confidence exist?
Why did the court in Wainwright v Home Office rule that a strip search of prison visitors was not a breach of confidence?
Why did the court in Wainwright v Home Office rule that a strip search of prison visitors was not a breach of confidence?
In Douglas v Hello!, why did the Court reaffirm that there was no freestanding right to privacy derived from Article 8?
In Douglas v Hello!, why did the Court reaffirm that there was no freestanding right to privacy derived from Article 8?
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What concept grew out of breach of confidence and was designed to explicitly protect individual privacy in line with Article 8 ECHR?
What concept grew out of breach of confidence and was designed to explicitly protect individual privacy in line with Article 8 ECHR?
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What does the two-part test outlined in Campbell v MGN focus on?
What does the two-part test outlined in Campbell v MGN focus on?
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'Invasion of privacy' is not recognized as a separate tort according to which case?
'Invasion of privacy' is not recognized as a separate tort according to which case?
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'Misuse of Private Information' was developed primarily to protect which aspect?
'Misuse of Private Information' was developed primarily to protect which aspect?
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In Campbell's two-stage test for 'Reasonable Expectation of Privacy,' what is the first stage based on?
In Campbell's two-stage test for 'Reasonable Expectation of Privacy,' what is the first stage based on?
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What can undermine a claim to privacy, making it more likely to be protected by freedom of expression?
What can undermine a claim to privacy, making it more likely to be protected by freedom of expression?
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In the case Mosley v News Group Newspapers, what conduct was deemed not sufficiently in the public interest?
In the case Mosley v News Group Newspapers, what conduct was deemed not sufficiently in the public interest?
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According to Lord Steyn in Re S (A Child), how should the balance between Arts 8 and 10 ECHR be approached when rights are in conflict?
According to Lord Steyn in Re S (A Child), how should the balance between Arts 8 and 10 ECHR be approached when rights are in conflict?
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In AAA v Associated Newspapers Ltd, why was the mother's claim for privacy regarding her daughter's paternity denied?
In AAA v Associated Newspapers Ltd, why was the mother's claim for privacy regarding her daughter's paternity denied?
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What standard does s 12(3) HRA set for granting remedies in cases involving privacy and freedom of expression?
What standard does s 12(3) HRA set for granting remedies in cases involving privacy and freedom of expression?
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In what situation is an interim injunction rarely granted when the defendant raises a defense of justification?
In what situation is an interim injunction rarely granted when the defendant raises a defense of justification?
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What did the court emphasize in Cream Holdings v Banerjee in terms of departing from the general approach for granting remedies?
What did the court emphasize in Cream Holdings v Banerjee in terms of departing from the general approach for granting remedies?
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What was the main reason behind granting an injunction in the Venables v News Group Newspapers case?
What was the main reason behind granting an injunction in the Venables v News Group Newspapers case?
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According to Bluter-Sloss LJ, what situation may give rise to a duty of confidence independently of a transaction or relationship?
According to Bluter-Sloss LJ, what situation may give rise to a duty of confidence independently of a transaction or relationship?
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In the context of Attorney General v Guardian Newspapers Ltd (No 2) 1 AC 109, what argument was presented regarding the protection of medical reports?
In the context of Attorney General v Guardian Newspapers Ltd (No 2) 1 AC 109, what argument was presented regarding the protection of medical reports?
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According to Bluter-Sloss LJ, when does the duty of confidence arise in equity independently of a transaction or relationship?
According to Bluter-Sloss LJ, when does the duty of confidence arise in equity independently of a transaction or relationship?
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In Venables v News Group Newspapers, what type of consequences were feared if the claimants' identities were revealed?
In Venables v News Group Newspapers, what type of consequences were feared if the claimants' identities were revealed?
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According to Bluter-Sloss LJ, under what circumstances can the court extend the protection of confidentiality even to imposing restrictions on the press?
According to Bluter-Sloss LJ, under what circumstances can the court extend the protection of confidentiality even to imposing restrictions on the press?
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In Venables v News Group Newspapers, why was it deemed necessary to extend confidentiality protection in exceptional cases?
In Venables v News Group Newspapers, why was it deemed necessary to extend confidentiality protection in exceptional cases?
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What did Bluter-Sloss LJ emphasize as a crucial factor in deciding whether certain information should be protected under confidentiality?
What did Bluter-Sloss LJ emphasize as a crucial factor in deciding whether certain information should be protected under confidentiality?
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'The umbrella of confidentiality' mentioned by Bluter-Sloss LJ refers to:
'The umbrella of confidentiality' mentioned by Bluter-Sloss LJ refers to:
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Study Notes
Reasonable Expectation of Privacy
- Key element in Campbell's two-stage test
- Two-part test:
- Would a reasonable person expect the information to be confidential (e.g., medical treatment)?
- Would disclosure of the information cause offense to a person of ordinary sensibilities?
Public Awareness and Public Interest
- Public awareness can undermine expectation of privacy (Theakston v MGN EWHC 137)
- Public interest is not simply being in public (Peck v UK, 2003)
- Public interest is not simply being of interest to the public (Von Hannover v Germany, EMLR 21)
- Iniquity (doing something one shouldn't) can undermine claim to privacy (Mosley v News Group Newspapers EHWC 1777)
Children and Privacy
- Re S (A Child) (2004): four principles for balancing Arts 8 and 10 ECHR
- Neither article takes automatic precedence
- Comparative importance of specific rights must be considered
- Justification for interfering with or restricting each right must be considered
- Proportionality test must be applied to each
- AAA v Associated Newspapers Ltd (2012): no right to privacy due to public figure status
- Murray v Express Newspaper (2008): liable for breach of Art 8 ECHR for publishing photo of J K Rowling's son in public street
- Weller v Associated Newspaper (2015): granted injunction for unauthorized photos of children in public
Remedies
- Damages may be inadequate
- Interim injunctions can be awarded without a full trial
- Remedies under s 12(3) HRA, with exceptions where potential adverse consequences are grave (Cream Holdings v Banerjee, 2004)
- Venables v News Group Newspapers (2001): granted injunction against the world at large to reveal identity and whereabouts of James Bulger's killers
Breach of Confidence
- An old tort based on the existence of a duty of confidence between parties
- Three elements required (Coco v AN Clark FSR 415):
- Information has the necessary element of confidence
- D can be said to be obliged to keep it confidential
- D makes unauthorized use of the information
- Duty can exist where D has notice or is held to have agreed that the information is confidential (A-G v Guardian Newspapers (No 2) 1 AC 109)
- No separate tort of 'invasion of privacy' (Kaye v Robertson FSR 62)
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Description
Test your knowledge on the tort of breach of confidence which involves the duty to keep information confidential, unauthorized use of private information, and the lack of requirement for a pre-existing relationship. Explore landmark cases like Coco v AN Clark FSR 415 and A-G v Guardian Newspapers (No 2) 1 AC 109.