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GLOSSARY

Privacy injunctions definition

Published by a LexisNexis IP expert

What does Privacy injunctions mean?

So-called ‘super-injunctions’ refer to court orders which prohibit reporting the fact of the order (ie that an injunction exists at all). They gained particular notoriety in the media between 2010 and 2011, although only a small handful were ever actually granted by the courts in that time. ‘Anonymised injunctions’ were generally more common, although since 2011 applications for injunctions (anonymised or otherwise) have been few and far between in English courts.

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Applications for interim injunctions for breaches of privacy

Applications for interim injunctions for breaches of privacy This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies. Brexit This Practice Note makes several references to the European Convention on Human Rights (ECHR), incorporated into UK law by the Human Rights Act 1998 (HRA 1998). Brexit has had no automatic impact on either HRA 1998 or the incorporation of the ECHR provided for by HRA 1998. The ECHR is an international treaty that protects the human rights of people in countries that belong to the Council of Europe, which is an entirely separate body from the EU. The UK continues to be a member of the Council of Europe. Note that the EU-UK Trade and Cooperation Agreement provides that the deal does not alter the UK’s obligations under the ECHR and that the deal can be terminated in the event of either side denouncing the ECHR. For more information, see: • Q&A: What does Brexit mean for the Human Rights Act...

Confidential information, privacy and injunctions

Confidential information, privacy and injunctions This Practice Note deals with the general principles of obtaining an injunction relating to confidential information and privacy. While other remedies are available to claimants in breach of confidence cases, an injunction preventing publication of the relevant information is often the only remedy that has any real value to the claimant. This Practice Note also covers anonymised injunctions, and both interim and final injunctions. There has been some controversy regarding injunctions relating to confidential information and privacy in recent years. ‘Super-injunctions,’ as they are commonly called, have been criticised in the media for fettering freedom of speech. However, much of this criticism stems from confusion as to what the term ‘super-injunction’ means and the impression that they are far more prevalent than is the case. This Practice Note deals with the general principles of obtaining an injunction in this area. For detail on its main scope, which is injunctions for breaches of privacy, see Practice Notes: • Privacy law—misuse of private information...

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