“Traditionally, English common law has not recognized a tort of invasion of privacy. Instead, English courts have developed (in a line of cases including Campbell v MGN and Douglas v Hello! (No 3)) a tort of misuse of private information, which is often described as protecting ‘an aspect of privacy’. The impetus for this development has been the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), incorporated into UK law by the Human Rights Act 1998 (HRA). The HRA does not directly create a civil cause of action based on privacy. However, it does oblige the courts to act consistently with the rights protected by the ECHR …” (more)
Tommy Chen, ‘PJS and the tort of misuse of private information’, Journal of Intellectual Property Law and Practice (2016) 11(12): 892-900, doi: 10.1093/jiplp/jpw158. First published online: December 7, 2016.