p. 126447. Misuse of private information
- L. Bently, L. BentlyHerchel Smith Professor of Intellectual Property, University of Cambridge
- B. Sherman, B. ShermanProfessor of Law, University of Queensland
- D. GangjeeD. GangjeeAssociate Professor of Intellectual Property Law, University of Oxford
- and P. JohnsonP. JohnsonProfessor of Commercial Law, Cardiff University
Abstract
This chapter examines the tort of misuse of private information. It begins by considering the sort of information that can be considered private, before moving on to examining the test for whether there is a reasonable expectation of privacy over such information before, finally, looking at the ‘ultimate balancing test’ that is the balancing of rights under Article 8 and 10 of the European Convention of Human Rights.