Abstract

The protection of information in English law has been a matter of debate for many years. The introduction of the “misuse of private information” tort fueled the intensity of this debate rather than offering a satisfactory solution. This essay will present a brief history of how privacy rights have been protected in this jurisdiction and why privacy is difficult to be defined; how the transmutation from “breach of confidence” to “misuse of private information” occurred and the characteristics of the new tort as well as some critique to its current application. It will also display and dispute the arguments against a standalone privacy tort and it will introduce the latest developments in other common law jurisdictions in order to predict the legislative developments in the UK. Lastly, it will briefly refer to the new technologies, namely the internet, and how it might affect the future course of privacy rights before presenting a personal view on the matter.

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