The Tort Misuse of Private Information Essay Example | Topics and Well Written Essays - 4500 words - 1

The Tort Misuse of Private Information - Essay Example â€Å"It may be hardly doubted that the lack of a clear legal remedy in respect of the non-consensual disclosure of personal information is one of the most serious lacunae in English Law† 3 Radical developments in breach of confidence have been ushered-in since The Human Rights Act 1998, and privacy, confidentiality and information sharing are now covered comprehensively under this Act. In the UK there has been no specific right with reference to ‘privacy’ and this concept is evolving. The provisions with regard to privacy are found in breach of confidence and human rights legislation. For example, there is the reach of confidence involved in situations where a duty of confidence exists. The English Courts have established, in many cases, publishing unauthorized photographs or information constitutes a breach of confidence. Interception of mail and telephone calls were subject to statutory regulation, but the statutory basis was not established until Police Act 1997 came into force. (to privacy) is â€Å"in accordance with the law†. That phrase simply means that there had to be some proper statutory authority for the interference†¦ This led to Parliament enacting Regulation of Investigatory Powers Act 2000 (RIPA), which formalized all State surveillance operations against its citizens. 4 In Kaye v Robertson which involves a well-known actor  who had undergone extensive surgery and was in the hospital when he was  photographed and allegedly interviewed by a tabloid newspaper. His rights could not be  protected by an action for breach of privacy. The Court  of appeal noted that the case â€Å"highlighted, yet again, the failure of both the common law and of the statute to protect in an effective way the personal privacy.