Archive for the ‘Right to privacy’ Category

January 5, 2012 Off

Can one ever satisfy the assisted suicide debate?

By Leon Glenister in Legal/political philosophy, Right to privacy

Leon Glenister was part of a consultation group at the University of Cambridge which responded to the DPP’s interim policy on prosecuting assisted suicide in late 2009. Today, the Commission on Assisted Dying published their report. In a well-researched and well-reasoned paper, the Commission set out a possible framework for a law that allows assisted [...]

October 7, 2011 Off

Trial by Media – questions on the importance of privacy: Rio Ferdinand and riotous youths

By Dónal Kearney in Right to privacy

Article 8 of the European Convention on Human Rights protects the right to respect for private and family life of individuals, an article yet again at the centre of media attention this week. The delicate balance between media freedom of expression and an individual’s article 8 right hit the headlines when Nicol J found in [...]

June 26, 2011 Off

Euthanasia: the law can’t do anything without further information

By Leon Glenister in Right to privacy

Leon Glenister was part of a consultation group at the University of Cambridge which responded to the DPP’s interim policy on prosecuting assisted suicide in late 2009. Since the BBC2 documentary in which Terry Pratchett explored the topic of euthanasia, debate has taken hold over whether individuals should have the right to die. However, the [...]

June 19, 2011 1

The ill-timed launch of the Police National Database

By Leon Glenister in Right to privacy

The Police National Database (‘PND’) is launching this Thursday, with the aim of better communication of information between police forces. However, the timing of launch is surprising, given we are in the midst of a debate over the National DNA Database (‘NDNAD’) over how to prevent it breaching privacy rights. Although the Code of Practice [...]

June 9, 2011 1

Is Public Opinion Influencing What is in the Public Interest?

By Yaaser Vanderman in Freedom of expression, Right to privacy

“There is a difference between what is in the public interest and what the public is interested in”, so the aphorism goes. In fact, it is hard to read any broadsheet article on privacy without coming across that statement. But does what the public is interested in have the ability to affect what is in [...]

May 24, 2011 6

What is the purpose of an injunction?

By Yaaser Vanderman in Freedom of expression, Right to privacy

In a defiant act of arrogance, John Hemming MP stood up in the House of Commons yesterday afternoon and stated that: “With about 75,000 people having named **** ***** on Twitter it is obviously impracticable to imprison them all…” The argument could be made that Hemming was not actually naming the footballer who had obtained [...]

May 20, 2011 Off

Giving effect to the Human Rights Act: GC, DNA databases and the need for fully reasoned opinions

By Leon Glenister in Right to privacy

The UK DNA database, the largest of its kind in the world, has again come under scrutiny by the courts. On Wednesday, the Supreme Court declared that the Association of Chief Police Officers Guidelines (‘ACPO guidelines’), which instructed officers to destruct DNA data only in “exceptional circumstances”, were incompatible with privacy rights under article 8 [...]

May 11, 2011 1

Mosley loses, but this does not mean it’s a victory for the press

By Leon Glenister in Freedom of expression, Media law, Right to privacy

Max Mosley yesterday lost the latest battle in his ongoing war with the press on privacy. He had argued before the European Court of Human Rights (‘European Court’) that where a newspaper published private information on an individual they should be forced to notify the individual concerned prior to publication. The court rejected such a [...]

May 6, 2011 Off

The legal questions on privacy as the internet evolves – what is private and what is public?

By Leon Glenister in Right to privacy

“People have really gotten comfortable not only sharing more information and different kinds, but more openly and with more people”: not a controversial statement from Mark Zuckerberg on the impact of the internet on privacy. Not only are people more willing to share private information, the internet means what is shared can be spread to [...]

March 3, 2011 1

The right, or lack of right, to image in UK law

By Leon Glenister in Right to privacy

If the BNP used your image on their promotional material, you may feel violated – but you have no legal recourse in English law. This strange situation is the result of the UK having no ‘misappropriation of image’ action, something common in other jurisdictions like the US. The US action of ‘misappropriation of likeness’ was [...]