Tuesday, May 24, 2011
So what is privacy?
Yesterdays judgment on whether CTB's anonymity could be lifted following his outing in Parliament of Ryan Giggs as being CTB, the Court has decided to keep the injunction in place. This is one reason:
"It is important always to remember that the modern law of privacy is not concerned solely with secrets: it is also concerned importantly with intrusion". Intrusion in this sense includes harassment.
The problem the Courts have is in defining what is privacy.
The Calcutt Committee in 1990 said that, "nowhere have we found a wholly satisfactory statutory definition of privacy." But the committee was satisfied that it would be possible to define it legally and adopted this definition in its first report on privacy:
The right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information.
The Human Rights Act 1998 says:
Article 8: Right to privacy
(1) Everyone has the right for his private and family life, his home and his correspondence.
(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Tell us what you think a Privacy Law should be because it is clear there is no clarity in the courts or the Law and Jeremy Hunt needs some help.