Misuse of Private Information

Since the House of Lords decision in Campbell v MGN Ltd in 2004, it has been clear that the courts will protect misuse of private information. This relatively new remedy has become an important tool in managing individuals’ reputations.

Information is private if one has a “reasonable expectation of privacy” in relation to it.

Very importantly it is clear that public figures and celebrities also have a right to privacy.

The situations in which people have a reasonable expectation of privacy are not fixed, but this is a rough guide to what is private and what is not.

Private	Not Private
Details of intimate conversations	Information that's so widely avaliable that it is no longer private
Information about someone's health	Information about trivial events
Information about one's children	Information it's in the public interest to disclose
Information about things that take place in private such as one's home or garden, a hotel room, secluded parts of hotels, restaurants or public spaces such as beaches.
Information which allows your home to be identified or detailed descriptions about the layout of your home or its contents
Emotional reactions to tramatic events, such as death of a close family member, or to illness
Information about “family orientated” matters, even if they take place in public.
Information about private disputes and negotiations, such as loans between friends.
Photographs
Private Diaries
Can be false information (although the court may need to consider whether something is true or false when it decides whether it's in the public interest for the material to be published - see below)

Someone’s rights in relation to private information can be infringed both in its collection and its publication.

In relation to collection, the courts will look unfavourably upon information journalists have gathered by harassment or deception or underhand methods.

There must be actual or threatened misuse of the information.

When reaching a decision about whether to protect someone’s right to have information remain private, the court will balance the individual’s right to privacy against the defendant’s right to freedom of expression.

Freedom of expression may win the day if the information is about a public figure involved in public duties, or if it corrects a serious lie the person has told in projecting his image to the public.

Injunctions are commonly granted to stop private information being made public. It is essential to instruct an experienced, efficient team, such as the partners of this firm, if you consider private information about you is about to be published.