Privacy Breach of Confidence Tort Quiz

Questions and Answers

What are the three elements required for a breach of confidence as per Coco v AN Clark?

Existence of a duty of confidence, notice or agreement that information is confidential, making unauthorized use of confidential information

According to A-G v Guardian Newspapers (No 2), under what circumstances can a duty of confidence exist?

When D has notice or agreed that the information is confidential

Why did the court in Wainwright v Home Office rule that a strip search of prison visitors was not a breach of confidence?

Because there was no 'information'

In Douglas v Hello!, why did the Court reaffirm that there was no freestanding right to privacy derived from Article 8?

Due to the existing common law protections like breach of confidence Signup and view all the answers

What concept grew out of breach of confidence and was designed to explicitly protect individual privacy in line with Article 8 ECHR?

'Misuse of Private Information' Signup and view all the answers

What does the two-part test outlined in Campbell v MGN focus on?

'Reasonable expectation of privacy' Signup and view all the answers

'Invasion of privacy' is not recognized as a separate tort according to which case?

'Kaye v Robertson' Signup and view all the answers

'Misuse of Private Information' was developed primarily to protect which aspect?

'Stuff that should be kept private' Signup and view all the answers

In Campbell's two-stage test for 'Reasonable Expectation of Privacy,' what is the first stage based on?

Whether it was 'obvious' the information should be confidential. Signup and view all the answers

What can undermine a claim to privacy, making it more likely to be protected by freedom of expression?

Engaging in iniquitous behavior. Signup and view all the answers

In the case Mosley v News Group Newspapers, what conduct was deemed not sufficiently in the public interest?

Visiting a brothel. Signup and view all the answers

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?

Intense focus on the comparative importance of the specific rights claimed is necessary. Signup and view all the answers

In AAA v Associated Newspapers Ltd, why was the mother's claim for privacy regarding her daughter's paternity denied?

The mayor's public status overrode her privacy rights. Signup and view all the answers

What standard does s 12(3) HRA set for granting remedies in cases involving privacy and freedom of expression?

Strict standard with high likelihood requirements. Signup and view all the answers

In what situation is an interim injunction rarely granted when the defendant raises a defense of justification?

Cases where public interest is at stake. Signup and view all the answers

What did the court emphasize in Cream Holdings v Banerjee in terms of departing from the general approach for granting remedies?

The possibility to deviate from general likelihood requirements. Signup and view all the answers

What was the main reason behind granting an injunction in the Venables v News Group Newspapers case?

To protect the physical safety of the claimants Signup and view all the answers

According to Bluter-Sloss LJ, what situation may give rise to a duty of confidence independently of a transaction or relationship?

When confidential information is known to the media with notice of its confidentiality Signup and view all the answers

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?

It is unnecessary to protect medical reports with an injunction as they are inherently confidential Signup and view all the answers

According to Bluter-Sloss LJ, when does the duty of confidence arise in equity independently of a transaction or relationship?

When the media has notice of the confidentiality of information Signup and view all the answers

In Venables v News Group Newspapers, what type of consequences were feared if the claimants' identities were revealed?

Grave and possibly fatal consequences Signup and view all the answers

According to Bluter-Sloss LJ, under what circumstances can the court extend the protection of confidentiality even to imposing restrictions on the press?

When serious physical injury or death might occur without such protection Signup and view all the answers

In Venables v News Group Newspapers, why was it deemed necessary to extend confidentiality protection in exceptional cases?

To protect individuals from serious physical harm or death Signup and view all the answers

What did Bluter-Sloss LJ emphasize as a crucial factor in deciding whether certain information should be protected under confidentiality?

'The gravity and potential consequences of disclosure' Signup and view all the answers

'The umbrella of confidentiality' mentioned by Bluter-Sloss LJ refers to:

'A category encompassing information requiring special protection' Signup and view all the answers

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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