Privacy Right and Common Law Protection

Abstract

In English law, there are calls by a section of the public that Parliament should enact privacy law, to offer protection for the right to privacy which is guaranteed under the Human Rights Act 1998. However, the current tort system provides various ways of protecting privacy. This article will demonstrate how  private nuisance, trespass to land, battery, the Protection from Harassment Act 1997, defamation, misuse of private information and other means  can be used to protect such rights. The call for a Bills of Rights and the ongoing Leveson Inquiry may have an impact on privacy in English law. This article will show that ‘the let us study as we go’ approach adopted by the court will be more appropriate, rather than legislation by parliament.

Key words: Privacy, Human Rights, Press Intrusion, Freedom of Expression