Protecting Privacy: The Clifford Chance Lectures - Vol. 4

By Basil S. Markesinis | Go to book overview

Index
airspace
trespass, and 5
American privacy law 139-67
ambivalence 141-8
breach of confidence 105-6
commercial exploitation 146-7
constitutional limitations 157-9
balancing test 158-9
copyright law 145
enforcement by courts 146-7
entertainment, and 142-3
expectations 139-40
failure of 139-67
'fair use' defence 145-6
federal and state statutes 164
federal Privacy Act 163-4
intentional infliction of emotional distress 164-5
intrusion 160-3
eavesdropping 162-3
federal wiretapping statute 162- 3
paparazzi photographs 161
scope 161-2
judicial reluctance to protect privacy 148-53
context of privacy, and 150
divergent behavioural norms, and 148-9
empirical approach 149-50
legitimate public concern, and 150-1
media judgments, and 152
media exploitation, and 143-4
news coverage 141-2
protection of secrets 144
public records 153-7
expansion of 154-5
judicial records 155-6
states 155
'Sunshine Acts' l55
tort law 140-1
trespass 159-60
exceptions 159-60
property, and 160
solitude, and 160
breach of confidence 8-10
American privacy law, and 165-6
basis of claim 8-9
conditions 8
limitations 9-10
pre-existing relationships 9
Broadcasting Standards Commission 16
Codes of Practice 15-17
Broadcasting Standards Commission 16
police surveillance operations 16-17
confidential information
deliberate unauthorised collection 25
data protection 13-15
Act of 199814-15
history of control 13-14
journalism, and 25-6
defamation 11-12
'right of publicity' 11
strict liability 11
European Convention on Human Rights
Article 8 20-1
Article 10 20-1
breach of obligations by State 176
defamation, and 177-8
development of common law, and 179
exhaustion of domestic remedies, and 178-9
French law, and 50-1
impact on English law 19-22
incorporation into English law 21-2
intrusion by private entities 177
media, and 26-7
parties to complaints 174-5
positive obligations 175
private life 173-4
protection of journalistic sources 26-7
requirements 173-80

-245-

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