Topic 9: Privacy

Question 1

Is there a general tort for invasion of privacy?

Answer 1

No, however, there are alternative torts that resemble such a tort

Question 2

What are the two key current torts for privacy?

Answer 2

Breach of confidence AND Misuse of confidential information

Question 3

What are the elements for Misuse of Confidential Information?

Answer 3

1) Did C have reasonable expectation of privacy in regard to the info 2) Does C’s interest in privacy outweigh D’s freedom of expression

Question 4

What are some limits to freedom of expression (i.e. where privacy is favoured)?

Answer 4

Cases with Children (Murray v Express) and Where there is no justification for info being shared (e.g. no public interest) (Mosley v News Group Newspapers Ltd)