header-logo header-logo

28 June 2024 / Mark Pawlowski
Issue: 8077 / Categories: Features , Privacy , Freedom of Information
printer mail-detail

Privacy law: kiss, don’t tell!

179414
Privacy or freedom of expression? Mark Pawlowski surveys the laws covering gossip & scandal
  • Sets out case law on publication and the prevention of publication.

Facts within the public domain?

In Stephens v Avery [1988] Ch 449, [1988] 2 All ER 477 the claimant communicated information to the defendant relating to her sexual conduct with another woman. Subsequent details of the relationship appeared in a newspaper article. Sir Nicholas Browne-Wilkinson VC held that equity would intervene to protect confidential information on the basis it was unconscionable for the recipient to reveal that information and that was so whether it had been given expressly in confidence or by implication where the relationship between the parties imposed a duty of confidence. In the words of the Vice-Chancellor, at [454]: ‘To most people the details of their sexual lives are high on their list of those matters which they regard as confidential. If in fact information is secret, then in my judgment it is capable of being kept secret by the imposition of a duty of confidence on any person to whom

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll