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Privacy In English Law
Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorized disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognized no general right or tort of privacy, and offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developi ...
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English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ...
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Campbell V MGN
was a House of Lords decision regarding human rights and privacy in English law. Facts The British model Naomi Campbell was photographed leaving a rehabilitation clinic after public denials that she was a recovering drug addict. The photographs were published in the ''Daily Mirror'', a publication owned by MGN. Campbell sought damages under the English law through her lawyers Schillings, which engaged Richard Spearman QC and instigated a claim for breach of confidence by engaging Article 8 of the Human Rights Act. That would require the court to comply with the European Convention on Human Rights (ECHR). The claim sought a ruling that the English tort action for breach of confidence, subject to the ECHR provisions upholding the right to private and family life, would require the court to recognise the private nature of the published information and to hold that there was a breach of her privacy. Rather than challenge the disclosure of the fact she had been a drug addict, Ca ...
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Mark Oaten
Mark Oaten (born 8 March 1964) is a British politician who was a senior member of the Liberal Democrats. He served as the Member of Parliament (MP) for Winchester from 1997 to 2010. Born in Watford, Hertfordshire, Oaten became a councillor in local government, joining the centre-left Social Democratic Party, which merged with the Liberal Party to form the Liberal Democrats in 1988. He became the party's Home Affairs spokesman in 2003. He stood for the position of Leader of the Liberal Democrats in 2006, but withdrew from the contest. He was later hit by a series of scandals which also led to his resignation as Home Affairs spokesman. He did not seek re-election to the House of Commons at the 2010 general election. Following his retirement from active politics, Oaten published two books, before becoming executive of the International Fur Trade Federation in 2011. Early life Oaten was educated at Queens' School, Bushey and the University of Hertfordshire. Before entering ...
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Liberal Democrats (UK)
The Liberal Democrats, colloquially known as the Lib Dems, are a Liberalism, liberal political party in the United Kingdom, founded in 1988. They are based at Liberal Democrat Headquarters (UK), Liberal Democrat Headquarters, in Westminster, and the leader is Ed Davey. They are the third-largest political party in the United Kingdom, party in the United Kingdom, with 72 Member of Parliament (United Kingdom), members of Parliament (MPs) in the House of Commons of the United Kingdom, House of Commons. They have members of the House of Lords, 5 in the Scottish Parliament, 1 in the Welsh Senedd, and more than 3,000 local council seats. The party holds a twice yearly Liberal Democrat Conference, at which policy is formulated. In contrast to its main opponents, the Lib Dems Liberal Democrat Conference#All-member Conference voting system, grant all members attending Conference the right to vote on policy, under a one member, one vote#United Kingdom, one member, one vote system. The p ...
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Ian Hislop
Ian David Hislop (born 13 July 1960) is a British journalist, satirist, and television personality. He is the editor of the satirical magazine '' Private Eye'', a position he has held since 1986. He has appeared on many radio and television programmes and has been a team captain on the BBC satirical quiz show '' Have I Got News for You'' since its inception in 1990. Hislop has frequently been involved in legal battles, as ''Private Eye'' has often been sued for libel over the years. Despite these challenges, Hislop has remained a key figure in British satire and journalism. Early life Hislop was born on 13 July 1960 in Mumbles, Swansea, to a Scottish father, David Hislop, from Ayrshire, and a Channel Islander mother born in Jersey, Helen Rosemarie Hislop (née Beddows), who left for Wales in her late teens. Hislop did not know his grandparents. His paternal grandfather, David Murdoch Hislop, died just before he was born. His maternal grandfather, William Beddows, was origin ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation. The House of Commons is the elected lower chamber of Parliament, with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional conventi ...
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News Of The World
The ''News of the World'' was a weekly national "Tabloid journalism#Red tops, red top" Tabloid (newspaper format), tabloid newspaper published every Sunday in the United Kingdom from 1843 to 2011. It was at one time the world's highest-selling English-language newspaper, and at closure still had one of the highest English-language circulations. It was originally established as a broadsheet by John Browne Bell, who identified crime, sensation and vice as the themes that would sell most copies. The Bells sold to Henry Lascelles Carr in 1891; in 1969, it was bought from the Carrs by Rupert Murdoch's media firm News Limited. In 1984, as News Limited reorganised into News UK, News International, a subsidiary of News Corporation, the newspaper transformed into a Tabloid (newspaper format), tabloid and became the Sunday sister paper of ''The Sun (United Kingdom), The Sun''. The ''News of the World'' concentrated in particular on celebrity scoops, gossip and populist news. Its somewhat ...
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Max Mosley
Max Rufus Mosley (13 April 1940 – 23 May 2021) was a British businessman, lawyer and racing driver. He served as president of the Fédération Internationale de l'Automobile (FIA), the Sport governing body, governing body for Formula One. A barrister and amateur racing driver, Mosley was a founder and co-owner of March Engineering, a racing car constructor and Formula One racing team. He dealt with legal and commercial matters for the company between 1969 and 1977 and became its representative at the Formula One Constructors' Association (FOCA), the body that represents Formula One constructors. Together with Bernie Ecclestone, Mosley represented FOCA at the FIA and in its dealings with race organisers. In 1978, he became the official legal adviser to FOCA. In this role, Mosley and Marco Piccinini negotiated the first version of the Concorde Agreement, which settled FISA–FOCA war, a long-standing dispute between FOCA and the Fédération Internationale du Sport Automobile ( ...
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Horizontal Effect
In law, horizontal effect refers to the ability of legal requirements meant to apply only to public bodies to affect private rights. It arises where a court dealing with a legal dispute between purely private entities interprets a legal provision to be consistent with certain legal norms in such a way as to affect the legal rights and obligations of the parties before it. Examples In European Union law under the doctrine of direct effect, national courts are under a legal duty to interpret national laws to be consistent with EU laws which the member state concerned has either not implemented or not implemented correctly. The ability of such interpretations to affect the legal rights and duties of purely private entities is called horizontal direct effect. Normally, direct effect is only vertical, in that it is meant to apply to the state and its emanations (i.e., to public sector employers). In the United Kingdom, in Campbell v Mirror Group Newspapers, the House of Lords found that ...
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Douglas V Hello!
was a series of cases in which Michael Douglas and Catherine Zeta-Jones challenged the unauthorised use of photographs of their wedding in the English courts. The case resulted in '' OK!'' magazine being awarded £1,033,156. Facts Michael Douglas and Catherine Zeta-Jones agreed a deal with ''OK!'' magazine which would give the company exclusivity over their wedding which took place in 2000 at the Plaza Hotel in New York. According to the deal, the couple were to approve the selection of photographs used by '' OK!'' magazine. In order to ensure the exclusivity there was strict security of the event and no guests were allowed to take photographs, the event was closed to the media and guests were told to surrender any equipment which could be used to take photographs. However a freelance photographer Rupert Thorpe, son of the former British politician Jeremy Thorpe, managed to secure access to the wedding and take photographs of the couple. This photographer then sold the i ...
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Press Complaints Commission
The Press Complaints Commission (PCC) was a voluntary regulatory body for British printed newspapers and magazines, consisting of representatives of the major publishers. The PCC closed on Monday 8 September 2014, and was replaced by the Independent Press Standards Organisation (IPSO), chaired by Sir Alan Moses. Unlike the UK's only 'Approved Regulator' Independent Monitor for the Press (IMPRESS) who are fully compliant with the recommendations of the Leveson Inquiry, IPSO has refused to seek approval to the Press Recognition Panel (PRP). The PCC was funded by the annual levy it charged newspapers and magazines. It had no legal powers – all newspapers and magazines voluntarily contributed to the costs of, and adhered to the rulings of, the commission, making the industry self-regulating.
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Celebrity Privacy
Celebrity privacy refers to the right of Celebrity, celebrities and public figures, largely entertainers, athletes or politicians, to withhold the information they are unwilling to disclose. This term often pertains explicitly to Personal data, personal information, which includes addresses and family members, among other data for personal identification. Different from the privacy of the general public, 'Celebrity Privacy' is considered as "controlled publicity," challenged by the press and the fans. Paparazzi, In addition, Paparazzi make Profit (economics), commercial use of their private data. Some national and state governments set up privacy laws mainly to protect celebrity privacy and their family members. The legal impact of these celebrity privacy laws has currently been undetermined since the curb for celebrity privacy intrusion often counteracts the legal principle of "Freedom of the press, free press" in many countries. Debate Surrounding the Celebrity Privacy Schol ...
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