简介
Summary:
Publisher Summary 1
The first edition of this book quickly established itself as the leading reference work on the rapidly developing law of privacy in England and Wales, and the specialist team of barristers from Five Raymond Buildings (the media, entertainment and human rights chambers) and expert academic foreign law contributors have now prepared a timely new edition. Many of the contributors have appeared or advised in the leading cases which are shaping the law of privacy. The book considers how the law protects the publication of personal information without undermining the fundamental principle of freedom of expression.
Since the first edition was published the law of privacy has developed considerably. As predicted by the authors, a separate and distinct cause of action, known as "misuse of personal information" has been created, though its precise remit is still being defined by the courts. Alongside this new tort or equitable remedy, traditional causes of action (most notably breach of confidence) remain available to provide remedies for invasions of privacy. The common law continues to be influenced by the competing rights under Articles 8 and 10 of the European Convention on Human Rights and its concurrent Strasbourg jurisprudence and, to a lesser extent, by application of the principles established in the Data Protection Act 1998. The case law is developing on a case by case basis, drawing on comparative legal and academic sources where appropriate. Against this background the debate as to whether Parliament should enact a general law of privacy rumbles on.
Although intended as a practitioners' guide to the law, this major work includes a consideration of comparative and international jurisprudence, as well as leading academic writings on the subject, in order to elaborate the principles upon which privacy rights are based. These may helpfully guide the development of English law in the years ahead. The structure moves from the historical and contextual, through the academic and comparative, to the practical and developing law. At the heart of the book is an explanation of existing causes of action which may be used to protect personal privacy and practical advice on defenses and remedies that may be available. It is recognized that recent legislation, most notably the Data Protection Act 1998 and the Human Rights Act 1998, has had a significant impact on the law in this area and full consideration is given to their application. A vast range of important recent case law is also analyzed, including Max Mosley v News Group Newspapers Ltd, the J.K Rowling case and Terry v Persons Unknown. The topic of super-injunctions is addressed as are the latest proposals for reform of the law in this rapidly-developing and highly controversial field.
Tugendhat and Christie: The Law of Privacy and the Mediais essential reading for all those who act for or against the media, as well as all those with a general interest in the subject.
目录
Table Of Contents:
Tables of Cases xxiii
Tables of Adjudications of the Media Regulators lix
Tables of Legislation lxiii
Table of Treaties, Conventions, and Other International Instruments lxxvii
List of Contributors lxxix
I SOURCES, PRINCIPLES, AND RIGHTS
1 Context and Background
A Introduction 1(4)
B Common Law and Equity 5(15)
C Legislation 20(24)
D The Media Codes and the `New Media' 44(2)
E Reviews and Reform 46(45)
F The European Convention on Human Rights and the Human Rights Act 1998 91
2 Privacy Rights
A Introduction 1(4)
B The Scope of the Privacy Interest 5(37)
C The Rationale for Protecting Privacy 42
3 Privacy in Europe and the Common Law
A Introduction 1(2)
B Sources of English Privacy Law 3(58)
C Privacy in Other Jurisdictions: The Common Law 61(105)
D Privacy in Civil Law 166
II PUBLICATION OF PERSONAL INFORMATION
4 Breach of Confidence
A Introduction 1(2)
B The Cause of Action for Breach of Confidence: An Overview 3(28)
C Classification of Confidential Information 31(32)
D Criteria for Confidentiality 63(40)
E The Duty of Confidence 103
5 Misuse of Personal Information
A Introduction 1(1)
B Overview of the Cause of Action 2(13)
C When is there a Reasonable Expectation of Privacy? 15(115)
D Evaluating Article 8 Rights in the `Ultimate Balancing Test' 130
6 Data Protection and the Media
A Introduction 1(3)
B Data Protection 4(6)
C Data Protection Act 1998 10
7 Privacy, Defamation, and False Facts
A Introduction 1(18)
B Protection of Privacy by Defamation Law 19(10)
C Conflict between Defamation and Privacy 29
8 Publication of Personal Information: Special Issues
A Introduction 1(1)
B Elements of Wrongful Disclosure of Private Information 2(50)
C Rights and Enforcement 52
III COMMERCIAL RIGHTS AND INTRUSION
9 Copyright, Moral Rights, and the Right to One's Image
A Introduction 1(15)
B Privacy Interests and Copyright Subject Matter 16(17)
C The Limitations on Exclusive Rights for News Reporting and Other Publication 33(37)
D The Collision between Copyright and the Privacy Rights of Third Parties 70(10)
E Moral Rights 80(8)
F Publicity Rights 88
10 Intrusion
A Introduction 1(3)
B Common Law Protection against Intrusion 4(40)
C Legislative Protection against Intrusion 44(49)
D Scope for Developing an Intrusion Tort 93
IV PRIVACY REGULATION
11 The Privacy Codes
A Introduction 1(9)
B The Human Rights Act 1998 10(7)
C The Data Protection Act 1998 17(3)
D Judicial Remedy or Regulatory Complaint? 20(8)
E The Regulatory Bodies 28(22)
F The Codes and Adjudications 50(85)
G The Regulatory Bodies as Public Authorities 135(26)
H Application of the Codes to `New Media' 161
V DEFENCES
12 Justifications and Defences
A Introduction 1(3)
B Defences of General Application 4(38)
C Defences to Claims for Disclosure of Private Facts 42(179)
D Defences to Claims for Intrusive Acts 221(10)
E Defences to False Light Claims 231(8)
F Defences to Appropriation of Name or Likeness Claims 239(2)
G Limitation of Actions 241
VI REMEDIES
13 Remedies
A Introduction 1(1)
B Human Rights Act 1998. s 12 2(12)
C Injunctions 14(73)
D Damages 87(40)
E Other Remedies 127
VII THE ACTION
14 Practice and Procedure in Privacy Cases
A Introduction 1(1)
B Who? Claimants, Defendants, and Others 2(32)
C What? Remedies, Routes, Causes of Action, and Applicable Law 34(12)
D When? Timing and Limitation 46(2)
E Where? Jurisdiction and Venue 48(14)
F How? Conduct of the Action 62
15 Privacy in Court Proceedings
A Introduction 1(9)
B Physical Access to the Courtroom 10(18)
C Control of Access to Court Documents 28(10)
D Restrictions on the Reporting of Proceedings Held in Private 38(29)
E Restrictions on the Reporting of Proceedings Held in Public 67(34)
F Restrictions on the Use of Material that is Disclosed in the Course of Court Proceedings 101
VIII THE PRIVACY RIGHTS OF THE MEDIA
16 Protection of Journalistic Material
A Introduction 1(1)
B Protection of Sources: The Common Law 2(9)
C Contempt of Court Act 1981, s 10 11(33)
D Access to Journalists' Sources: Statutory Powers 44(789)
Bibliography 833(8)
Index 841
Tables of Cases xxiii
Tables of Adjudications of the Media Regulators lix
Tables of Legislation lxiii
Table of Treaties, Conventions, and Other International Instruments lxxvii
List of Contributors lxxix
I SOURCES, PRINCIPLES, AND RIGHTS
1 Context and Background
A Introduction 1(4)
B Common Law and Equity 5(15)
C Legislation 20(24)
D The Media Codes and the `New Media' 44(2)
E Reviews and Reform 46(45)
F The European Convention on Human Rights and the Human Rights Act 1998 91
2 Privacy Rights
A Introduction 1(4)
B The Scope of the Privacy Interest 5(37)
C The Rationale for Protecting Privacy 42
3 Privacy in Europe and the Common Law
A Introduction 1(2)
B Sources of English Privacy Law 3(58)
C Privacy in Other Jurisdictions: The Common Law 61(105)
D Privacy in Civil Law 166
II PUBLICATION OF PERSONAL INFORMATION
4 Breach of Confidence
A Introduction 1(2)
B The Cause of Action for Breach of Confidence: An Overview 3(28)
C Classification of Confidential Information 31(32)
D Criteria for Confidentiality 63(40)
E The Duty of Confidence 103
5 Misuse of Personal Information
A Introduction 1(1)
B Overview of the Cause of Action 2(13)
C When is there a Reasonable Expectation of Privacy? 15(115)
D Evaluating Article 8 Rights in the `Ultimate Balancing Test' 130
6 Data Protection and the Media
A Introduction 1(3)
B Data Protection 4(6)
C Data Protection Act 1998 10
7 Privacy, Defamation, and False Facts
A Introduction 1(18)
B Protection of Privacy by Defamation Law 19(10)
C Conflict between Defamation and Privacy 29
8 Publication of Personal Information: Special Issues
A Introduction 1(1)
B Elements of Wrongful Disclosure of Private Information 2(50)
C Rights and Enforcement 52
III COMMERCIAL RIGHTS AND INTRUSION
9 Copyright, Moral Rights, and the Right to One's Image
A Introduction 1(15)
B Privacy Interests and Copyright Subject Matter 16(17)
C The Limitations on Exclusive Rights for News Reporting and Other Publication 33(37)
D The Collision between Copyright and the Privacy Rights of Third Parties 70(10)
E Moral Rights 80(8)
F Publicity Rights 88
10 Intrusion
A Introduction 1(3)
B Common Law Protection against Intrusion 4(40)
C Legislative Protection against Intrusion 44(49)
D Scope for Developing an Intrusion Tort 93
IV PRIVACY REGULATION
11 The Privacy Codes
A Introduction 1(9)
B The Human Rights Act 1998 10(7)
C The Data Protection Act 1998 17(3)
D Judicial Remedy or Regulatory Complaint? 20(8)
E The Regulatory Bodies 28(22)
F The Codes and Adjudications 50(85)
G The Regulatory Bodies as Public Authorities 135(26)
H Application of the Codes to `New Media' 161
V DEFENCES
12 Justifications and Defences
A Introduction 1(3)
B Defences of General Application 4(38)
C Defences to Claims for Disclosure of Private Facts 42(179)
D Defences to Claims for Intrusive Acts 221(10)
E Defences to False Light Claims 231(8)
F Defences to Appropriation of Name or Likeness Claims 239(2)
G Limitation of Actions 241
VI REMEDIES
13 Remedies
A Introduction 1(1)
B Human Rights Act 1998. s 12 2(12)
C Injunctions 14(73)
D Damages 87(40)
E Other Remedies 127
VII THE ACTION
14 Practice and Procedure in Privacy Cases
A Introduction 1(1)
B Who? Claimants, Defendants, and Others 2(32)
C What? Remedies, Routes, Causes of Action, and Applicable Law 34(12)
D When? Timing and Limitation 46(2)
E Where? Jurisdiction and Venue 48(14)
F How? Conduct of the Action 62
15 Privacy in Court Proceedings
A Introduction 1(9)
B Physical Access to the Courtroom 10(18)
C Control of Access to Court Documents 28(10)
D Restrictions on the Reporting of Proceedings Held in Private 38(29)
E Restrictions on the Reporting of Proceedings Held in Public 67(34)
F Restrictions on the Use of Material that is Disclosed in the Course of Court Proceedings 101
VIII THE PRIVACY RIGHTS OF THE MEDIA
16 Protection of Journalistic Material
A Introduction 1(1)
B Protection of Sources: The Common Law 2(9)
C Contempt of Court Act 1981, s 10 11(33)
D Access to Journalists' Sources: Statutory Powers 44(789)
Bibliography 833(8)
Index 841
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