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The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while right to privacy does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."
In camera is a legal term that means in private. The same meaning is sometimes expressed in the English equivalent: in chambers. Generally, in-camera describes court cases, parts of it, or process where the public and press are not allowed to observe the procedure or process. In-camera is the opposite of trial in open court where all parties and witnesses testify in a public courtroom, and attorneys publicly present their arguments to the trier of fact.
Privacy laws of the United States deal with several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into their private affairs, discloses their private information, publicizes them in a false light, or appropriates their name for personal gain.
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship but eventually become related in some manner, as defined by common law.
In conflict of laws, the choice of law rules for tort are intended to select the lex causae by which to determine the nature and scope of the judicial remedy to claim damages for loss or damage suffered.
In United States constitutional law, expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the U.S. Constitution. It is related to, but is not the same as, a right to privacy, a much broader concept which is found in many legal systems. Overall, expectations of privacy can be subjective or objective.
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation.
Campbell v Mirror Group Newspapers Ltd[2004] UKHL 22 was a House of Lords decision regarding human rights and privacy in English law.
The following outline is provided as an overview of and introduction to tort law in common law jurisdictions:
Mosley v News Group Newspapers [2008] EWHC 1777 (QB) was an English High Court case in which the former President of the Fédération Internationale de l'Automobile, Max Mosley, challenged the News of the World. The newspaper had exposed his involvement in what it called a sadomasochistic sex act involving several female prostitutes when they published a video of the incident recorded by one of the women and published details of the incident in their newspaper, wrongly describing it as "Nazi-themed". The case resulted in Mosley being awarded £60,000 in damages.
Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorized disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognized no general right or tort of privacy, and offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developing the common law.
Breach of confidence in English law is an equitable doctrine that allows a person to claim a remedy when their confidence has been breached. A duty of confidence arises when confidential information comes to the knowledge of a person in circumstances in which it would be unfair if it were disclosed to others. Breach of confidence gives rise to a civil claim. The Human Rights Act 1998 has developed the law on breach of confidence so that it now applies to private bodies as well as public ones.
CTB v. News Group Newspapers is an English legal case between Manchester United player Ryan Giggs, given the pseudonym CTB, and defendants News Group Newspapers Limited and model Imogen Thomas.
The news media phone hacking scandal is a controversy over illegal acquisition of confidential information by news media organizations that reportedly occurred in the United Kingdom, the United States and Australia between 1995 and 2011. This article includes reference lists for various topics relating to that scandal.
Ferdinand v Mirror Group Newspapers is a 2011 High Court case in which the English footballer Rio Ferdinand was unsuccessful in preventing the publication of a tabloid newspaper story revealing details of an alleged sexual relationship.
United States v. Graham, 846 F. Supp. 2d 384, was a Maryland District Court case in which the Court held that historical cell site location data is not protected by the Fourth Amendment. Reacting to the precedent established by the recent Supreme Court case United States v. Jones in conjunction with the application of the third party doctrine, Judge Richard D. Bennett, found that "information voluntarily disclosed to a third party ceases to enjoy Fourth Amendment protection" because that information no longer belongs to the consumer, but rather to the telecommunications company that handles the transmissions records. The historical cell site location data is then not subject to the privacy protections afforded by the Fourth Amendment standard of probable cause, but rather to the Stored Communications Act, which governs the voluntary or compelled disclosure of stored electronic communications records.
PJS v News Group Newspapers Ltd [2016] UKSC 26 is a UK constitutional law case in which an anonymised privacy injunction was obtained by a claimant, identified in court documents as "PJS", to prohibit publication of the details of a sexual encounter between him and two other people. Media outside England and Wales identified PJS as David Furnish.
Judge Romesh is a British comedy television show broadcast on Dave. It features Romesh Ranganathan settling disputes in a fictional civil court. The show is unscripted, and the claimant and defendant are generally members of the public, although some cases are between celebrities. Ranganathan is assisted by the bailiff, Tom Davis, and a clerk—Kerry Howard in series 1 and Jessica Knappett in series 2.
Intrusion on seclusion is one of the four privacy torts created under U.S. common law. Intrusion on seclusion is commonly thought to be the bread-and-butter claim for an "invasion of privacy."Seclusion is defined as the state of being private and away from people.
Docusearch is an American private investigations company headquartered in Boise, Idaho. Docusearch, founded by Dan Cohn, was started in 1996. It is a subsidiary of Arcanum Investigations Inc. The company operates in all states of the US.