Refining Privacy in Tort Law
This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.
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¼ NJW argues Article autonomy balancing exercise breach of confidence Bru¨ggemeier BVerfG Caroline von Monaco citing civil claim claimant commodification common law concept concerned conjectures considered contemporary history damages decision Defamation disclosure doctrine Douglas Eady ECHR ECtHR EHRR EMLR emphasised English courts English law English tort law example expectation of privacy German courts German law Grundgesetz Haftungsrecht 2006 Hannover Hegel Hello honour human dignity Human Rights individual individualisation infringement iniuria injunction intrusion invasion of privacy Kaye Lebach Leuze Lord Lord Hoffmann Marlene Dietrich MGN Ltd misuse of private Mosley Newspapers Ltd one’s Perso¨nlichkeitsrechts personality right persons of contemporary photographs plaintiff principle privacy curve privacy interests privacy’s private information private law private sphere public figures public interest reason Recht recognised Refining Privacy reputation right of privacy scandalum magnatum social Solove theory tort law understanding of privacy Understood warrants legal