Privacy Notes

Torts: Privacy: 7th May: Privacy: - Scope of legal protection - Privacy is quite an amorphous concept Two main aspects: 1. Information privacy - access to private information 2. Spatial privacy - access to our personal space, homes Privacy interests have always received some incidental protection through things primarily protecting other interests. Defamation: Tolley v Fry: Used to protect privacy interests. Defendant complaining of unauthorised exploitation of his persona. Happened to include untrue endorsement. Two basic restrictions on Defamation/Tolley: 1. Truth is always a good defence 2. Publication of information obtained by intrusion on privacy may give a false impression - may not be defamatory Kaye v Robertson: - Kaye a well known actor, 'Ello 'ello star - Suffered severe head injuries in a freak accident - Tabloid press journalist and photographer gained unauthorised access to his hospital room. - Kaye in no condition to give informed consent of the interview. - Pleaded defamation, reader would gain the impression that Kaye had been paid in return for the article. Court agreed, but said it wasn't defamatory. Kaye a professional actor who could be paid to give an interview endorsement. Unlike Tolley. 12th May: Trespass incidentally provides some protection to person in possession of land interest in spatial privacy e.g. judge thought Kaye would have had a good action in trespass. Smillie thinks Anderson J was wrong. Kaye did succeed in malicious falsehood - obscure economic tort. Provides remedy in false statement made maliciously, likely to cause the plaintiff economic/pecuniary loss. Succeeded because defendant's article conveyed false meaning. Kaye had consented to interview and photo. Would cause economic loss as couldn't sell story when he chose. Malicious falsehood designed to protect traders against statements against their business. Evidently as in Kaye, does work in favour of privacy. Breach of confidence can be employed to conceal true but highly embarrasing statements. CA extended this a long way. In traditional form, one major limitation action only lies where information in question was originally communicated by Plaintiff in course of confidential relationship with another. Purpose of action is to retain integrity of relationship (of trust and confidence rather than privacy) Nevertheless, in some circumstances this tort can be employed to suppress information. Law of copyright can be employed. Copyright - tangible property right in: literary, critial works, film.

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