… The article is developed in four main stages. It begins by making two preliminary points about how the reasonable expectation of privacy test works: first, that that test entails a normative enquiry focusing on what ‘privacy protection’ the claimant deserves and secondly, that reasonable expectations of privacy are significantly affected by context. The two new principles are then discussed in detail. The article concludes by showing how the two principles can work together to provide an intuitive and predictable conceptual framework for applying the reasonable expectation of privacy test …
NA Moreham, ‘Unpacking the reasonable expectation of privacy test’ (2018) 134 Law Quarterly Review (Oct) 651.