N. A. Moreham

Privacy in Public Places

This article challenges the orthodox view that there can be no right to privacy in a public place. It explains why it is theoretically sound to regard things which happen in public as private. It then presents a fresh analysis of English case law demonstrating first, that the courts are well-placed to protect public privacy interests (as required by the ECtHR) and secondly, that many of the criteria for ascertaining a reasonable expectation of privacy have already been articulated in the common law. It concludes that, as a minimum, individual privacy should be protected if a person experiences a traumatic or humiliating event in a public place or retreats to a secluded place.

PRIVACY – POLICE PHOTOGRAPHS IN PUBLIC PLACES

While the actions of private media are often scrutinised, there has been less discussion of possible intrusions of privacy caused by a public agency like the police. This article discusses these issues in the context of the case of R (Wood) v MPC which involved the police taking a photo of a man in public which he alleged breached his private life rights, protected by Article 8 of the ECHR. At trial, none of the causes of action were made out. The law in this area needs to continue to develop in order to become more in line with the jurisprudence expressed by the European Court of Human Rights. Abstract by Rose Goss.