ÀÏ˾»úÎçÒ¹¸£Àû

The tort of misuse of private information is focused on ‘the protection of human autonomy and dignity—the right to control the dissemination of information about one’s private life and the right to the esteem and respect of other people’ (Campbell v MGN).

In most cases, as in Campbell, the only alleged ‘misuse’ is the wrongful publication, or threatened publication, of personal information to the world at large. The defendant is often a media organisation and/or a person seeking to disclose information through the media.

However, a misuse of private information claim may be brought in respect of information disseminated less widely if that would unjustifiably interfere with the claimant’s right to respect for privacy under article 8 of Part I of Schedule I to the Human Rights Act 1998 (HRA 1998). This gives effect to the rights enshrined in the European Convention on Human Rights (ECHR).

However, the tort is not confined to publication of information, as the so-called ‘phone hacking’ litigation illustrated. In those claims