Privacy in the Common Law: A Doctrinal and Theoretical Analysis

17 Pages Posted: 24 Jan 2014 Last revised: 30 Sep 2015

See all articles by N. A. Moreham

N. A. Moreham

Victoria University of Wellington, Te Herenga Waka - Faculty of Law

Date Written: October 1, 2005

Abstract

This article examines the new English privacy action from a theoretical and doctrinal perspective. It begins by arguing that three different tests emerge from the post-Human Rights Act privacy cases. It then uses an original theoretical definition of privacy to examine the effectiveness of each of these tests and to suggest how the information-based privacy action should develop. The discussion then extends to the non-informational privacy cases and explains, firstly, why the theoretical definition of privacy must include physical privacy interests and secondly, how the English action could be extended to cover them.

Keywords: Privacy, breach of confidence, misuse of private information, intrusion, tort, media law, Article 8

JEL Classification: K10, K13

Suggested Citation

Moreham, N. A., Privacy in the Common Law: A Doctrinal and Theoretical Analysis (October 1, 2005). (2005) 121 Law Quarterly Review 628, Victoria University of Wellington Legal Research Paper No. 112/2015, Available at SSRN: https://ssrn.com/abstract=2383498

N. A. Moreham (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
1,682
Abstract Views
3,066
Rank
20,469
PlumX Metrics