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BREACH OF CONFIDENCE AND PRIVACY - Coggle Diagram
BREACH OF CONFIDENCE AND PRIVACY
DO WE HAVE A RIGHT TO PRIVACY?
Lord Glidewell- It's well known that in English law there is no right to privacy (Kaye v Robertson)
Hosking v Runting- Photos were published of a famous couple infant twins, the court found in favour of the media
To be successful in a claim of privacy, there had to be a 'reasonable explanation of privacy and release of those private facts would be highly offensive'
CONFIDENCE
Prince Albert v Strange- The unauthorised publication of the Prince's sketches were deemed to be a breach of confidence
Coco v AN Clark- Established a 3 criteria that needed to be met for information to be classed as confidential:
The info had to be genuinly confidential
It must be obvious it's confidential info
There must be an unauthorised disclosure of the info
Stevens v Avery- Court ruled in favour of the Claimant as info about their sex lives had been revealed to the media by a friend. She knew it was confidential info
PUBLIC INTEREST DEFENCE
Confidential info won't be protected if the public interest outweighs the interest in preserving confidentiality
Spy catcher Case- The interest in maintaining confidentiality was outweighed by the public interest in knowing the allegations in the book
BREACH AFTER THE HRA 1998
Venables and Thompson v News Group Newspaper- Courts felt that it was unjustified for the newspaper to reveal the identities and whereabouts of the killers. The court believed Article 2 was also in play because of the serious threat of violence towards the D
ARE THE RICH AND POWERFUL PROTECTED?
Mosley v NGN- It was seen as controversial as it was felt Article 8 was being used to just protect the powerful from having their private lives exposed by the media.
Not all famous people were protected from unwanted intrusion from the media- Terry v Persons Unknown
Von Hannover v Germany (No2)
Blancing Art 8 and Art 10
Whether photos of Princess Caroline should be allowed to be published in the German Newspaper
The ECHR found in favour of Germany in allowing 1 of the photos to be published
They gave a supervisory ruling listing criteria to be considered in such cases
Criteria
Sharing info was in the interest of the public
How well known the person of interest is
The prior conduct of the person
The potential consequences of publishing the info
The circumstances the pictures were taken in
Springer v Germany- The ECHR ruled that the Art 10 of a German Newspaper had been violated by injunctions granted by German Courts. It prevented the paper from publishing an article about the arrest ad conviction of a well known actor