Privacy

Published on 21 March 2011 by admin in Privacy

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Liverpool Solicitors Armstrongs are able to advise you and act quickly to protect your privacy or take action after a breach of confidence. Our Lawyers are able to make an application to the court for an injunction and stop the spread of damaging information.

If you require urgent advice on a claim for privacy then please fill in the contact form below giving a description of the claim and a Lawyer will call you back out of office hours.  During Office hours you can call us on 0151 236 3737.

Below we provide a brief outline as to Privacy.

Since the introduction of the Human Rights Act the law of Privacy has developed. Article 8 of the act states: ‘Everyone has the right to respect for his private and family life, his home and his correspondence.’

What do i need to show to bring a Privacy claim?

There is a two stage process that the courts will go through.

The court must identify whether there is a reasonable expectation of of privacy such as to engage Article 8. This is considered from the view of the person who is affected by the publicity. This will take into account all the circumstances of the case, including:

  • your particular attributes, whether your are a person normally in the public eye, or whether you are a child or an adult,
  • the type of activity in which you were engaged in, the place at which it was happening,
  • the nature and purpose of the intrusion, the absence of consent and whether it was known or could be inferred,
  • the effect on you of the publication,
  • the circumstances in which and the purposes for which the information came into the hands of the publisher.

The court will then look at the public interest, the right to freedom of expression in Article 10 may displace the right to privacy or tip the balance in favour of disclosure.

A tension exsists between Article 8 and Article 10. Section 12 of the Human Rights Act deals with this :

  • the applicant has taken all practicable steps to notify the respondent
  • or that there are compelling reasons why the respondent should not be notified.
  • the court is satisfied that the applicant is likely to establish that publication should not be allowed.
  • Need to deal with the court’s obligation to have particular regard to the Convention right to freedom of expression; and
  • The court must have particular regard to the importance of the Convention right to freedom of expression and, where the proceedings relate to material which the respondent claims, or which appears to the court, to be journalistic, literary or artistic material (or to conduct connected with such material), to—(a)the extent to which—(i)the material has, or is about to, become available to the public; or(ii)it is, or would be, in the public interest for the material to be published;(b)any relevant privacy code.
  • Public Interest.

What Defences are available

The main defence to such an action , or an application for an injunction , is that there is an overriding public interest in publication i.e. the media can broadcast/ publish confidential material or information providing the public interest in doing so outweighs the public interest in preserving the confidential infomation.

Each case will need to be carefully examined to see if the interests of freedom of expression outweigh your rights to private life.

What action will I take?

We are able to make an urgent application for an injunction and will claim damages and your legal costs.

To make an online enquiry as to adverse possession of Land please fill in the quick form below or call us on 0151 236 3737.

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Disclaimer
This site is provided by Armstrongs Solicitors limited for general information purposes only and should not be relied upon as a source of detailed legal knowledge. Information was correct at time of publication, but be aware that it is possible that legal points may have been superceded since. Users should seek advice from a suitably qualified solicitor before taking any action based on information contained within this site. Armtrongs solicitors Limited disclaims all responsibility for any losses arising from reliance on information contained within this site.

 

 

 

 

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