Law Lecture 4 - Privacy and Confidentiality

Privacy and confidentiality is probably the second most important thing (legally) a Journo must be aware of after defamation. Under Section 8 of the Human Rights Act, even citizen has a right to privacy. However, whilst people have this right, that doesn't mean reporters are suddenly prevented from reporting about celebrities and other public figures.

There are no problems with publishing pictures (for example) of people for a couple of reasons. Firstly, if that person is on a clear public duty. One famous example in regards to privacy issues related to this. The Princess Caroline of Monaco, legally prevented photographers from taking her picture. One exception to this was if she on a clear public duty (the example used was if she was handing over the trophy at the European Cup final).

Secondly, it's okay to publish pictures if there's consent. This can come either as implicit or explicit. Implicit is when there hasn't been a signed contract, but when someone has posed for the camera or given some hint that they're okay with being photographed. Explicit is when there has been a verbal or written agreement that pictures are okay to be published (such as during fashion shoots etc).

Confidentiality is something that everyone has unless they have signed it away. It's applicable where people to have a reasonable expectation to confidentiality, such as at the doctors or in a private meeting. Curiously, parents are expected to maintain a degree of confidentiality with things their children tell them, but it is not the same the other way round.

Unlike defamation, which is easier to prove, breach of confidence is harder. For something to be confidential, there has to be:

The necessary quality of confidence

AND circumstances imposing an obligation (i.e. a reasonable person would expect something to be kept in confidence such as medical issues at a doctors)

AND there is no permission to publish the information

AND there is a detriment likely to be caused to the person who gave the information (they have to PROVE they've been damaged).