NCTJ Law - Privacy question n answers graded A+ 2024/2025

NCTJ Law - PrivacyWhat was going on with privacy until 2000? - correct answer 1.Actions of this type had been brought under breach of confidence laws. 2.Country didn't specifically recognize the right of privacy. What does Article 8 about? - correct answer 1. Guarantees the right to privacy. 2.Everyone has the right to respect for their private and family life, home and correspondence. 3. Except: -national security/public safety/economic well-being of the country -the prevention of crime -the protection of health or morals -freedom of others How can privacy be breached? - correct answer 1. By an instructive act of gathering private information - intrusive photography, filming, etc, which distresses the person and was without their consent 2. PUBLICATION of that material without their consent When does court decide when privacy is breached? - correct answer Whether there was "a reasonable expectation of privacy in the relevant circumstances". Which factors determine whether there was a "reasonable expectation of privacy"? - correct answer 1. Locations: less likely if the location is a public place 2. If the person is depressed, mentally ill or is being mentally ill treated What is Article 10 of the HRA about? - correct answer Talks about freedom of expression and freedom to impact information. What will the court consider except of HRA? - correct answer Whether the material contributes to a "debate of general interest to society" - and therefore can be published in the "public interest". How court balances "public interest" & "reasonable expectation"? - correct answer A court will consider: