Prime Minister David Cameron has recently announced that he is "uneasy" about the shape of UK privacy law.
As the law stands at the moment there is no statutory right to privacy. However, use is being made of the existing common law remedy of breach of confidence, together with the Right to Respect for Private and Family Life which derives from the Human Rights Act 1998, to develop privacy protection.
A significant body of high profile case law has emerged on the matter. The result is that the judiciary is developing a so-called "back door" privacy law in the UK. In the case of Campbell v MGM, supermodel Naomi Campbell successfully sued the Daily Mirror for publishing details and photographs concerning her drug addiction. Ms. Campbell, who was successful in her case, claimed the reporting gave rise to an action for breach of confidence. In the House of Lords, Judge Nicholls specifically highlighted the shift in the law stating, rather than determining if information is confidential, what should be determined is if it is private and whether there is a misuse of it.
Furthermore, cause for concern surrounding UK privacy law has also risen in light of a number of recent cases concerning super-injunctions. These super-injunctions are court orders which prohibit the content, details and existence of inunctions, and thus in essence are an injunction upon an injunction. Criticism stems from the fact that they are being increasingly used by the rich and famous who are essentially buying a right to privacy. BBC news reporter Andrew Marr, footballer John Terry and Take That's Howard Donald, are three out of a number of celebrities that have made use of the legal tool.
It is evident that UK privacy laws in their current state are mismatched and developing in a disjointed manner. Assuming David Cameron is committed to addressing the issue, it seems as though legal reform on the topic will be a high priority on the Government's political agenda – and ultimately we could soon have a statutory right to privacy.
© Thorntons Law LLP
Lucy Bennett and Lisa Mannion
6 May 2011