Question 1

What do we mean when we use the term 'privacy' in the context of claims in tort law?
Select all appropriate answers from the list.

A) the idea of being free from an 'unwanted gaze'
B) The idea of being 'left alone'
C) The idea that no one has a right to know things about you that you don't want them to know
D) The idea that people who are not celebrities have an unfettered right for their personal lives not to be invaded
E) The idea that everyone has an unfettered right for their personal lives not to be invaded
F) The idea that sometimes people's personal lives ought to remain that way

A,B,C,F

Accepted Answer

In the context of claims in tort law, privacy refers to the right to be free from unwanted intrusion, which includes the unwanted gaze, being left alone, and the right to keep personal information private. This right is not limited to non-celebrities, and there are situations where someone's personal life ought to remain private. Therefore, options A, B, C, and F are all appropriate answers. Option D is incorrect because it implies that only non-celebrities have privacy rights, which is not true. Option E is also incorrect because it suggests that privacy rights are absolute, which is not the case, as there are exceptions and limitations to privacy rights.

Question 2

privacy cases are all about 'celebrities'.

Accepted Answer

While many of the cases in this area are taken by people who are famous in some way, others are not. This might be because famous people are more likely to have their private lives infringed in some way, such as by media intrusion but 'ordinary' people can be affected too (see

Question 3

In claims for breach of confidence, it is a defence to show that the information made public was in the _______ _________.

Accepted Answer

public interest&#10;Explanation: claims for breach of confidence, it is a defence to show that the information made public was in the public interest.

Question 4

In Campbell v Mirror Group Newspapers, Lord Nicholls commented that the decision in the case, and the way it had been decided, had essentially created a tort of what?&#10;A) Misuse of private information&#10;B) Invasion of privacy&#10;C) Breach of confidence

Accepted Answer

Lord Nicholls stated that the landmark decision in Campbell v Mirror Group Newspapers had created a tort of "misuse of private information." The case established that individuals have a right to privacy in their personal information, and that such information cannot be published without their consent except in certain circumstances. This decision had major implications for media organizations and other entities that handle personal data.

Question 5

Following Campbell v Mirror Group Newspapers [2004], claimants need first to show that they had 'a reasonable expectation of privacy' in order to be able to succeed.

Accepted Answer

This is the first part of a new two-part test devised to determine whether there has been a breach of confidence or 'misuse of private information' the second part asks the court to weigh the claimant's reasonable expectation against the defendant's interest in freedom of expression.

Question 6

In Campbell v Mirror Group Newspapers [2004], Baroness Hale said that the outcome may have been different if Naomi Campbell had merely been 'going about her business in a private street'. This was because '[r]eaders will obviously be interested to see how she looks if and when she pops out to the shops for a _______ _________ _______'.

Accepted Answer

The answer of In Campbell v Mirror Group Newspapers [2004],...

Question 7

Developments in the law relating to privacy have been spurred by which of the following things?
Please select all that apply.

A) Reinterpretation of the requirements of breach of confidence
B) The passage of the Human Rights Act
C) European jurisprudence
D) The Independent Press Standards Organisation (formerly the Press Complaints Commission) Code of Practice

Accepted Answer

A) Reinterpretation of the requirements of breach of confidence: Breach of confidence has traditionally been used as the legal basis for privacy claims in the UK. However, in recent years, there has been a reinterpretation of the requirements for establishing a breach of confidence, making it easier for individuals to bring privacy claims.

B) The passage of the Human Rights Act: The Human Rights Act incorporates the European Convention on Human Rights (ECHR) into UK law. Article 8 of the ECHR provides for the right to respect for private and family life, home and correspondence. The Act has enabled individuals to bring claims based directly on their right to privacy.

C) European jurisprudence: The European Court of Human Rights (ECtHR) has played a significant role in the development of privacy law in the UK. The ECtHR has made a number of landmark judgments on privacy issues, which have influenced the courts in the UK.

D) The Independent Press Standards Organisation (formerly the Press Complaints Commission) Code of Practice: While the Code of Practice sets out standards for the press in relation to privacy, it has been less influential in the development of privacy law than the other factors listed.

Question 8

Section 12(4) of the Human Rights Act 1998 applies directly to privacy claims and requires any court deciding a human rights-based privacy claim to have particular regard to what?&#10;A) The Convention right to freedom of expression and the extent to which the material is already in the public domain&#10;B) The Convention right to freedom of expression and whether the claimant is known for courting publicity&#10;C) The Convention right to freedom of expression and the right to make a profit by publishing information

Accepted Answer

Section 12(4) of the Human Rights Act 1998 requires any court deciding a human rights-based privacy claim to have particular regard to the Convention right to freedom of expression and the extent to which the material is already in the public domain. This means that the court must balance the right to privacy with the right to freedom of expression and take into account whether the information is already in the public domain.

Question 9

In privacy cases, the right to freedom of expression is 'the trump card that always wins'.

Accepted Answer

The statement is false. While Lord Hoffmann said this in R v Central Independent Television plc [1994], the law has developed somewhat in more recent years. In fact, Lord Hoffmann himself said (in Campbell v Mirror Group Newspapers [2004]) that there is 'no presumption in favour of one [right] rather than the other' [55]. In PJS v News Group Newspapers [2016] the Supreme Court re-emphasised that neither Article takes precedent over the other.

Question 10

Which of these claimants ultimately won their privacy case?&#10;A) Naomi Campbell&#10;B) Michael Douglas and Katherine Zeta-Jones&#10;C) Elton John&#10;D) Mrs Wainwright&#10;E) Jamie Theakston&#10;F) Rio Ferdinand&#10;G) Max Mosely&#10;H) David Murray (son of JK Rowling)&#10;I) Ryan Giggs&#10;J) Howard Donald from Take That&#10;K) Paul Weller&#10;L) AAA (child fathered by Boris Johnson)&#10;M) Sir Cliff Richard

Accepted Answer

The answer of Which of these claimants ultimately won their...

Deck 16: Invasion of Privacy