Separate from data protection, English law also recognises the tort of misuse of private information. This common law right protects against the unauthorised use or disclosure of personal information that a reasonable person would expect to remain private.
Misuse of private information is a relatively modern tort in English law, developed primarily through the courts. It protects individuals against the unauthorised disclosure or use of information in which they have a reasonable expectation of privacy.
Examples include:
- Publication of intimate photos or videos
- Disclosure of medical records
- Sharing of confidential communications
- Media intrusion into private life.
As listed above, although the “misuse” in these claims is typically the unauthorised disclosure (including the wrongful publication) of private information, it can also include the accessing of such information. However, you may not have a reasonable “expectation of privacy” if the disclosed information is already in the public domain (i.e. available on the internet) or if the publication of the information is in the public’s interest.
Information is usually both private and confidential and breach of privacy claims are often brought in both misuse of private information and breach of confidence.
Further, in practice, this tort often overlaps with data protection and breach of confidence, but it remains a distinct cause of action.
Human Rights Act 1998
If a public body has breached your privacy, you’ll also be protected by the Human Rights Act 1998 under Article 8 of the European Convention of Human Rights – the right to respect for an individual’s private and family life, his or her home and correspondence.