Privacy in Public Places
(2006) 65 Cambridge Law Journal 606
35 Pages Posted: 24 Jan 2014 Last revised: 30 Sep 2015
Date Written: November 1, 2006
This article challenges the orthodox view that there can be no right to privacy in a public place. It explains why it is theoretically sound to regard things which happen in public as private. It then presents a fresh analysis of English case law demonstrating first, that the courts are well-placed to protect public privacy interests (as required by the ECtHR) and secondly, that many of the criteria for ascertaining a reasonable expectation of privacy have already been articulated in the common law. It concludes that, as a minimum, individual privacy should be protected if a person experiences a traumatic or humiliating event in a public place or retreats to a secluded place.
Keywords: Privacy, photograph, public place, breach of confidence, Article 8, tort, media law, intrusion
JEL Classification: K10, K13
Suggested Citation: Suggested Citation