English Privacy Law
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English Privacy Law
Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorized disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognized no general right or tort of privacy, and offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in dev ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Campbell V MGN
was a House of Lords decision regarding human rights and privacy in English law. Facts The British model Naomi Campbell was photographed leaving a rehabilitation clinic after public denials that she was a recovering drug addict. The photographs were published in the ''Daily Mirror'', a publication owned by MGN. Campbell sought damages under the English law through her lawyers Schillings, which engaged Richard Spearman QC and instigated a claim for breach of confidence by engaging Article 8 of the Human Rights Act. That would require the court to comply with the European Convention on Human Rights (ECHR). The claim sought a ruling that the English tort action for breach of confidence, subject to the ECHR provisions upholding the right to private and family life, would require the court to recognise the private nature of the published information and to hold that there was a breach of her privacy. Rather than challenge the disclosure of the fact she had been a drug addict, Campb ...
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Mark Oaten
Mark Oaten (born 8 March 1964) is a British politician who was a senior member of the Liberal Democrats. He served as the Member of Parliament (MP) for Winchester from 1997 to 2010. Born in Watford, Hertfordshire, Oaten became a councillor in local government, joining the centre-left Social Democratic Party, which merged with the Liberal Party to form the Liberal Democrats in 1988. He became the party's Home Affairs spokesman in 2003. He stood for the position of Leader of the Liberal Democrats in 2006, but withdrew from the contest he was later hit by a series of scandals which also led to his resignation as Home Affairs spokesman. He did not seek re-election to the House of Commons at the 2010 general election. Following his retirement from active politics, Oaten published two books, before becoming executive of the International Fur Trade Federation in 2011. Early life Oaten was educated at Queens' School, Bushey and the University of Hertfordshire. Before entering ...
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Liberal Democrats (UK)
The Liberal Democrats (commonly referred to as the Lib Dems) are a liberal political party in the United Kingdom. Since the 1992 general election, with the exception of the 2015 general election, they have been the third-largest UK political party by the number of votes cast. They have 14 Members of Parliament in the House of Commons, 83 members of the House of Lords, four Members of the Scottish Parliament and one member in the Welsh Senedd. The party has over 2,500 local council seats. The party holds a twice-per-year Liberal Democrat Conference, at which party policy is formulated, with all party members eligible to vote, under a one member, one vote system. The party served as the junior party in a coalition government with the Conservative Party between 2010 and 2015; with Scottish Labour in the Scottish Executive from 1999 to 2007, and with Welsh Labour in the Welsh Government from 2000 to 2003 and from 2016 to 2021. In 1981, an electoral alliance was established b ...
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Ian Hislop
Ian David Hislop (born 13 July 1960) is a British journalist, satirist, writer, broadcaster, and editor of the magazine ''Private Eye''. He has appeared on numerous radio and television programmes and has been a team captain on the BBC quiz show '' Have I Got News for You'' since the programme's inception in 1990. Family and personal life Hislop was born on 13 July 1960 in Mumbles, Swansea, to a Scottish father, David Hislop, from Ayrshire, and a Channel Islander mother born in Jersey, Helen Rosemarie Hislop (née Beddows), who left for Wales in her late teens. Hislop did not know his grandparents. His paternal grandfather, David Murdoch Hislop, died just before he was born. His maternal grandfather, William Beddows, was originally from Lancashire. When he was five months old, Hislop's family began to travel around the world because of his father's job as a civil engineer. During his infant years, Hislop lived in Nigeria, Kuwait, Saudi Arabia, and Hong Kong. While in Saudi ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governme ...
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News Of The World
The ''News of the World'' was a weekly national Tabloid journalism#Red tops, red top Tabloid (newspaper format), tabloid newspaper published every Sunday in the United Kingdom from 1843 to 2011. It was at one time the world's highest-selling English-language newspaper, and at closure still had one of the highest English-language circulations. It was originally established as a broadsheet by John Browne Bell, who identified crime, sensation and vice as the themes that would sell most copies. The Bells sold to Henry Lascelles Carr in 1891; in 1969 it was bought from the Carrs by Rupert Murdoch's media firm News Limited. Reorganised into News International, a subsidiary of News Corporation, the newspaper was transformed into a Tabloid (newspaper format), tabloid in 1984 and became the Sunday sister paper of ''The Sun (United Kingdom), The Sun''. The ''News of the World'' concentrated in particular on celebrity scoops, gossip and populist news. Its somewhat prurient focus on sex sca ...
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Max Mosley
Max Rufus Mosley (13 April 1940 – 23 May 2021) was a British racing driver, lawyer, and president of the Fédération Internationale de l'Automobile (FIA), a non-profit association which represents the interests of motoring organisations and car users worldwide and is the governing body for international motorsports including Formula One. A barrister and amateur racing driver, Mosley was a founder and co-owner of March Engineering, a racing car constructor and Formula One racing team. He dealt with legal and commercial matters for the company between 1969 and 1977 and became its representative at the Formula One Constructors' Association (FOCA), the body that represents Formula One constructors. Together with Bernie Ecclestone he represented FOCA at the FIA and in its dealings with race organisers. In 1978, Mosley became the official legal adviser to FOCA. In this role he and Marco Piccinini negotiated the first version of the Concorde Agreement, which settled a long-standi ...
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Horizontal Effect
In law, horizontal effect refers to the ability of legal requirements meant to apply only to public bodies to affect private rights. It arises where a court dealing with a legal dispute between purely private entities interprets a legal provision to be consistent with certain legal norms in such a way as to affect the legal rights and obligations of the parties before it. Examples In European Union law under the doctrine of direct effect, national courts are under a legal duty to interpret national laws to be consistent with EU laws which the member state concerned has either not implemented or not implemented correctly. The ability of such interpretations to affect the legal rights and duties of purely private entities is called horizontal direct effect. Normally, direct effect is only vertical, in that it is meant to apply to the state and its emanations (i.e., to public sector employers). In the United Kingdom, in Campbell v Mirror Group Newspapers, the House of Lords found that ...
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Douglas V Hello!
was a series of cases in which Michael Douglas and Catherine Zeta-Jones challenged unauthorised photos of their wedding in the English courts. The case resulted in ''OK!'' Magazine being awarded £1,033,156. Facts Michael Douglas and Catherine Zeta-Jones agreed a deal with ''OK!'' magazine which would give the company exclusivity over their wedding which took place in 2000 at the Plaza Hotel in New York. According to the deal the couple were to approve the selection of photographs used by ''OK!'' magazine. In order to ensure the exclusivity there was strict security of the event and no guests were allowed to take photographs, the event was closed to the media and guests were told to surrender any equipment which could be used to take photographs. However a freelance photographer Rupert Thorpe, son of the former British politician Jeremy Thorpe, managed to get into the wedding and take photographs of the couple. This photographer then sold the images to ''Hello'' magazine w ...
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Press Complaints Commission
The Press Complaints Commission (PCC) was a voluntary regulatory body for British printed newspapers and magazines, consisting of representatives of the major publishers. The PCC closed on Monday 8 September 2014, and was replaced by the Independent Press Standards Organisation (IPSO), chaired by Sir Alan Moses. Unlike the UK's only 'Approved Regulator' Independent Monitor for the Press (IMPRESS) who are fully compliant with the recommendations of the Leveson Inquiry, IPSO has refused to seek approval to the Press Recognition Panel (PRP). The PCC was funded by the annual levy it charged newspapers and magazines. It had no legal powers – all newspapers and magazines voluntarily contributed to the costs of, and adhered to the rulings of, the commission, making the industry self-regulating.
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Celebrity Privacy
Celebrity privacy refers to the right of celebrities and public figures, largely entertainers, athletes or politicians, to withhold the information they are unwilling to disclose. This term often pertains explicitly to personal information, which includes addresses and family members, among other data for personal identification. Different from the privacy of the general public, 'Celebrity Privacy' is considered as "controlled publicity," challenged by the press and the fans. In addition, Paparazzi make commercial use of their private data. Some national and state governments set up privacy laws mainly to protect celebrity privacy and their family members. The legal impact of these celebrity privacy laws has currently been undetermined since the curb for celebrity privacy intrusion often counteracts the legal principle of " free press" in many countries. Debate Surrounding the Celebrity Privacy Scholars have debated how much or what type of privacy celebrities and their frie ...
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