Misuse Of Private Information Research Articles

Whose autonomy matters? Reconciling the competing claims of privacy and freedom of expression

English law has recently recognised a tort of misuse of private information through the development of the tort of breach of confidence. This paper considers the conceptual issues that arise in the particular context of cases contesting the privacy of information exchanged in an intimate relationship. The courts have said that the purpose of protecting privacy through the tort is the promotion of individual autonomy. Examining what is entailed in this approach, it is argued that cases involving shared privacies can only be understood as involving the indirect promotion of autonomy through the protection of certain socially sanctioned relationships. A framework of analysis is developed under which the underlying issues are laid bare and through which the reasoning of the courts may be understood and criticised.