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privacy


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N.

The right to be left alone and to keep certain matters secluded from public view, as recognized in Article 8 of the European Convention on Human Rights and the Human Rights Act1998. The right includes privacy of communications (telephone calls, correspondence, etc.); privacy of the home and office; environmental protection (including freedom from excessive noise: Hatton v UK [2003] 37 EHRR 611); the protection of physical integrity; protection from unjustified prosecution and conviction of those engaged in consensual nonviolent sexual activities; and protection from being photographed and described in circumstances where the individual has a reasonable expectation of privacy (Campbell v MGN Ltd [2004] UKHL 22, [2004] 2 AC 457). This right is a qualified right. Public authorities have a limited but positive duty to protect privacy from interference by third parties. Note, however, that there is no common law tort of invasion of privacy under English Law (Wainwright v Home Office [2003] UKHL 53, [2004] 2 AC 406. See also breach of confidence.

Subjects: Law.


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