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Misuse Of Private Information
Misuse of private information is a new common law tort that English courts recognised in ''Campbell v MGN Ltd''. Arising as a branch of the law relating to breach of confidence, it has been reinforced by Article 8 of the European Convention on Human Rights, supplemented by s. 6 of the Human Rights Act 1998, which obliges public institutions (including the courts) not to act inconsistently with Convention rights. Scope ''Campbell'' was the watershed moment where the tort of "misuse of private information" became distinguished in scope from that relating to breach of confidence, as the former does not require "an initial confidential relationship." In addition, actions for misuse of private information can readily attract tortious damages, while those for breach of confidence may receive damages only as an equitable remedy within the discretion of the presiding judge. While it will be obvious what may constitute public (as opposed to private) information in most cases, there will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 10 Of The European Convention On Human Rights
Article 10 of the European Convention on Human Rights provides the right to Freedom of Expression and Information. A fundamental aspect of this right is the freedom to hold opinions and receive and impart information and ideas, even if the receiver of such information does not share the same opinions or views as the provider. Official Article Definition Limitations to the Freedom of Expression Freedom of Expression is not an absolute right, meaning it is able to be interfered with by states and other public authority bodies. However, each state is allowed a Margin of Appreciation. An acceptance of varying historical, legal, political, and cultural differences, which may lead the application of such freedom to be slightly varied in its nature despite the widespread adoption of the article. Such differences in the application have been allowed as long as the Freedom of Expression is as found in The Observer and The Guardian v United Kingdom (1991)."Narrowly interpreted and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 devel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queen's Law Journal
The ''Queen's Law Journal'' is a Canadian peer-reviewed law review. The ''Journal'' is published by Queen's University at Kingston in Kingston, Ontario, Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ... The ''Journal'' was established in 1968 as the ''Queen's Intramural Law Journal''. The purpose of this periodical was to publish a selection of the best work written by law students at Queen's. In 1971, the title was changed to the ''Queen's Law Journal'', reflecting a change in editorial policy. While it continued to publish student work, the Journal began seeking contributions from academics and other members of the legal profession. By the mid-1970s, the ''Journal'' had evolved into its present form—a vehicle for scholarship by legal academics, practitioners, and law s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Privacy In New Zealand
New Zealand is committed to the Universal Declaration of Human Rights and has ratified the International Covenant on Civil and Political Rights, both of which contain a right to privacy. Privacy law in New Zealand is dealt with by statute and the common law. The Privacy Act 2020 addresses the collection, storage and handling of information. A general right to privacy has otherwise been created in the tort of privacy. Such a right was recognised in Hosking v Runting 0033 NZLR 385, a case that dealt with publication of private facts. In the subsequent case C v Holland 012NZHC 2155 the Court recognised a right to privacy in the sense of seclusion or a right to be free from unwanted intrusion. For a useful summary seecourt-recognises-intrusion-on-seclusion-privacy-tort-hugh-tomlinson-qc/ Legislation New Zealand Bill of Rights Act 1990 The New Zealand Bill of Rights Act 1990 (NZBORA) is based on the International Covenant on Civil and Political Rights, however no express right to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privacy In Australian Law
There is no absolute right to privacy in Australian law and there is no clearly recognised tort of invasion of privacy or similar remedy available to people who feel their privacy has been violated. Privacy is, however, affected and protected in limited ways by common law in Australia and a range of federal, state and territorial laws, as well as administrative arrangements. What is privacy? There is no statutory definition of privacy in Australia."privacy" in Trischa Mann (ed.), ''Australian Law Dictionary'', viOxford Reference Online Oxford University Press, accessed 29 August 2011. The Australian Law Reform Commission (ALRC) was given a reference to review Australian privacy law in 2006. During that review it considered the definition of privacy in 2007 in its Discussion paper 72. 007Australian Law Reform Commission Discussion paper 72. In it, the ALRC found there is no "precise definition of universal application" of privacy; instead it conducted the inquiry considering ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Privacy Law
Canadian privacy law is derived from the common law, statutes of the Parliament of Canada and the various provincial legislatures, and the ''Canadian Charter of Rights and Freedoms''. Perhaps ironically, Canada's legal conceptualization of privacy, along with most modern legal Western conceptions of privacy, can be traced back to Warren and Brandeis’s "The Right to Privacy" published in the ''Harvard Law Review'' in 1890, Holvast states "Almost all authors on privacy start the discussion with the famous article ' The Right to Privacy' of Samuel Warren and Louis Brandeis". Evolution of Canadian privacy statutes Canadian privacy law has evolved over time into what it is today. The first instance of a formal law came when, in 1977, the Canadian government introduced data protection provisions into the Canadian Human Rights Act. In 1982, the Canadian Charter of Rights and Freedoms outlined that everyone has "the right to life, liberty and security of the person" and "the right to b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privacy Law
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be Personally identifiable information (PII) gathering, collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handing sensitive information. Privacy laws are considered within the context of an individual's privacy rights or within reasonable expectation of privacy. The Universal Declaration of Human Rights states that everyone has the right to privacy. The interpretation of these rights varies by country and are not always universal. Classification of privacy laws Privacy laws can be broadly classified into: * General privacy laws that have an overall bearing on the personal information of individuals and affect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of Torts, Second
The American ''Restatement of Torts, Second'', is a treatise issued by the American Law Institute. It summarizes the general principles of common law United States tort law. The volumes covering torts are part of the second ''Restatements of the Law'' series. It includes four volumes, with the first two published in 1965, the third in 1977 and the last in 1979. Section 402A of this ''Restatement'', discussing strict liability for defective products, is by far the most widely cited section of any ''Restatement''. It gave birth to such an enormous body of case law that an entirely new ''Restatement of Torts, Third: Products Liability'' was published in 1997 to supersede Section 402A and related sections. See also *''Restatements of the Law In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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