Commentary

119 Development of the tort of misuse of private information

ENTERTAINMENT AND MEDIA vol 15(1) commentary, music industry documentation
| Commentary

119 Development of the tort of misuse of private information

| Commentary

119 Development of the tort of misuse of private information

In recent years there have been two developments of the law of confidence, typical of the capacity of the common law to adapt itself to the needs of contemporary life. The first has been an acknowledgement of the artificiality of distinguishing between confidential information obtained through the violation of a confidential relationship and confidential information obtained in some other way. The second has been the acceptance, under the influence of human rights legislation, of the privacy of personal information as something worthy of protection in its own right1.

The first development is generally associated with the judgment of Lord Goff of Chieveley in Attorney-General v Guardian Newspapers Ltd (No 2) where he formulated the following principle: ‘a duty of confidence arises when confidential information comes to the knowledge of a person ... in circumstances where he has notice, or is held to have

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