ABSTRACT
This chapter outlines the tort of misuse of private information, developed to provide a remedy where private information about the claimant has been wrongfully disclosed by the defendant. It explains the elements of the tort: disclosure of information in which the claimant has a reasonable expectation of privacy; in circumstances where the claimant’s right to privacy is not outweighed by the defendant’s right to freedom of expression. It notes how the tort seeks to balance conflicting rights from the European Convention on Human Rights (‘ECHR’): the claimant’s right to privacy (Article 8) and the defendant’s right to freedom of expression (Article 10). Finally, the chapter outlines the remedies for misuse of private information of damages and injunction.
