Misuse of priv. information

• What is the misuse of private information tort?

  Protects against the use of information which is private or personal rather than confidential
• What type of tort is it?

  Common law
• Which case recognised it as a tort?

  Campbell
• Misuse of private information is an extension of breach of confidence
• According to Campbell, what is the two steps for misuse of private information?

  1. Is the information in question, information the claimant had a reasonable expectation of privacy
  2. Does the claimant's Article 8 right outweigh defendant's Article 10 right?
• According to Campbell, what is the first step of misuse of private information?

  Is the information in question, information the claimant had a reasonable expectation of privacy
• According to Campbell, what is the second step of misuse of private information?

  Does the claimant's Article 8 right outweigh defendant's Article 10 right
• What viewpoint is what is private to be judged from?

  Reasonable person
• According to Murray, what is taken into account when considering what's private?

  Attributes of claimant

  Nature of activity

  Place

  Nature and purpose of intrusion

  Absence of consent

  Effect on claimant

  Circumstances information came into publisher's hands
• Which case tells us what's taken into account when considering what's private?

  Murray