Keeping out courts W7

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What are the 4 sources for privacy laws?
Law of confidence
Protection from harassment act
Data protection Acts
ECHR
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What is Article 8 of the ECHR?
Rights to respect for private and family life
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What is article 10 of the ECHR?
Everyone has the right to freedom of expression
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What case law created a new legal tort for the misuse of private information
Campbell v MGN (2004)
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What does the new legal tort say in Campbell v MGN [2004]?
A pre-existing confidential relationship is no longer needed in 'privacy' cases - law now imposes a duty of confidence when a person has information s/he knows confidential by nature.
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Where do Article 8 and Article 10 conflict?
If there is a public interest in publishing despite the expectation of privacy then Article 10 rights outweigh the subjects Article 8 rights and publication is justified.
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For people in public life, what is required to justify publishing a photo?
A clear public interest
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What have our courts said about the Campbell Law not preventing?
Does not prevent publication of people in public places engage din innocuous activity.
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What does privacy law not assist celebrities in either? (with regards to photos)
Celebrities who want to stop publication of photos in which they do not like the way they look in public
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What about sexual relationships in regards to privacy law?
They remain private unless public interest
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What did Von Hanover v Germany (Number 2)[2012] establish about media coverage of celebrities?
Media coverage of celebrities is acceptable if in the general interest and if in reasonable balance with the right of respect for private life
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What is the case law regarding celebrities children in the media?
Murray v Big Pictures [2008]
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What did Murray v Big Pictures [2008] rule?
Public figures' child has same privacy rights as ordinary persons child
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What happens if the police reveal the name of a suspect in regards to privacy?
That information is not private and can be safely published
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What offers protection from stalking?
The Harassment Act 1977
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What is the main piece of legislation that governs the protection of personal data in the UK?
Data Protection Act
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What is the legal source for journalist revealing protected data?
Section 32 Data protection Act
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What is Section 32 of the Data Protection Act?
A public interest exemption
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What is Clause 2 of the Editors Code?
Privacy

Everyone is entitled to respect for his or her private and family life, home, physical and mental health correspondence, including digital communications
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What does Clause 2 say as regards to photos & privacy?
It is unacceptable to photograph individuals without their consent in public/private places when they're is a reasonable expectation of privacy
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What is Clause 3?
Harassment
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What is Clause 6?
Children
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What is Clause 8?
Hospitals
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What must editors demonstrate with regards to the public interest exemption?
Consideration of how story was justified in public interest; "reasonable belief" and how they reached the decision; must be proportionate.
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Other cards in this set

Card 2

Front

What is Article 8 of the ECHR?

Back

Rights to respect for private and family life

Card 3

Front

What is article 10 of the ECHR?

Back

Preview of the front of card 3

Card 4

Front

What case law created a new legal tort for the misuse of private information

Back

Preview of the front of card 4

Card 5

Front

What does the new legal tort say in Campbell v MGN [2004]?

Back

Preview of the front of card 5
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