Privacy at the Intersection of Public Law and Private Law
J Gligorijević "Privacy at the Intersection of Public Law and Private Law"  Public Law 563-580
20 Pages Posted: 4 Mar 2020 Last revised: 30 Mar 2020
Date Written: October 1, 2018
To demonstrate that any common law system can adequately and legitimately protect informational privacy through a private law action influenced by public law, this paper argues that: tort law can accommodate privacy protection, and the English action is appropriately labelled a ‘tort’; the English tort does not depend upon the Human Rights Act 1998 (HRA), allowing other common law jurisdictions to choose to adopt aspects of that tort; and the public law tool of proportionality can determine privacy tort outcomes in a way that ensures credible legal protection of the fundamental right to privacy in the private sphere, without unjustifiably encroaching upon other rights.
Keywords: Public law; Tort law; Misuse of private information; Privacy; Proportionality
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