The standard of liability in claims for misuse of private information. Issue 2 (3rd July 2021)

• Record Type: Journal Article
• Authors: Hartshorne, John
• Is Part Of: Journal of media law. Volume 13:Issue 2(2021)
• Page Start: 211
• Page End: 237
• Publication Date: 2021-07-03
• Subjects: Tort -- misuse of private information -- article 8 ECHR -- Human Rights Act 1998 -- standard of liability; Mass media -- Law and legislation -- Periodicals; Telecommunication -- Law and legislation -- Periodicals; 343.41099
• DOI: 10.1080/17577632.2021.2020413
• Languages: English
• ISSNs: 1757-7632

Abstract

ABSTRACT : This article attempts to identify a standard of liability for use in claims for misuse of private information (MPI). It highlights current uncertainty over this issue following the decision of the Supreme Court in Lloyd v Google LLC . It considers whether the comments of Lord Leggatt in Lloyd are compatible with those made in earlier MPI decisions and argues that the standard applicable remains an open question. In formulating a proposed standard, the article considers issues arising under the Human Rights Act 1998 and is informed by the recommendations of the Australian Law Reform Commission in its review of Australian privacy law. It is suggested that the appropriate standard for the MPI tort ought to be one of 'quasi-strict' liability, meaning that liability could, in certain cases, be strict. Whether a defendant would be found to be strictly liable should be determined through the reasonable expectation of privacy test.