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Intellectual Property Law

Intellectual Property Law (5th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 03 October 2023

p. 126447. Misuse of private informationlocked

p. 126447. Misuse of private informationlocked

  • 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


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.

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