Misuse of private information and related claims
Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB
Misuse of private information and related claims

The following Information Law practice note produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB provides comprehensive and up to date legal information covering:

  • Misuse of private information and related claims
  • CPR changes in October 2019
  • Breach of confidence
  • Harassment
  • Defamation
  • Claims under the Human Rights Act 1998 against public authorities
  • Data protection law
  • Private nuisance

The tort of misuse of private information is the principal cause of action relied on to protect privacy rights, at least against defendants who are not public authorities. However, in any particular case, a claimant is well-advised to consider whether reliance on other causes of action might strengthen their ‘privacy claim’. As Lord Hoffmann observed in Wainwright v Home Office:

‘[t]here are a number of common law and statutory remedies of which it may be said that one at least of the underlying values they protect is a right to privacy.’ (at para [18])

This Practice Note considers six causes of action which may be relevant in a ‘privacy claim’.

For more information on misuse of private information claims, see Practice Notes:

  1. Starting a claim for misuse of private information—a practical guide, and

  2. Responding to a claim for misuse of private information—a practical guide

Brexit

For information on the impact that Brexit has had on information law, including relevant provisions of the EU-UK Trade and Cooperation Agreement and recent developments, see Practice Note: What does IP completion day mean for Information Law?

EU case law before and after Brexit

This Practice Note refers to EU cases from the European Court of Justice. Broadly, EU judgments handed down by the Court of Justice on or before 31 December 2020 continue to be binding on UK courts and tribunals (even if the EU

Popular documents