But Is Your Expectation of Privacy Reasonable?

Most people assume they have a right to privacy, and they would be correct.

While we hear of many such disputes occurring with celebrities, (ex)royalty, politicians, and newspapers, the principles arise in everyday life.

For example:

  1. Your neighbour installs CCTV which captures parts of your garden rather than simply their own property; likewise, Ring Doorbells and drones.
  2. Someone takes photographs or videos of your children (perhaps on Sports Day, given the time of year) and posts them on social media without your consent.
  3. An ex-partner shares personal messages or photographs with others.
  4. An architect or contractor takes photographs of the work done at your home and uses those images for advertising without permission.

Now, it does not follow that, having taken a picture on holiday (for example), those featured in that picture have any claim against you for breaching their (right to) privacy; so do not worry.

The question that must be asked and sits at the heart of any civil claim for a breach of your privacy/misuse of private information is:

“Would a reasonable person in your position expect that information to remain private?”

The courts apply a two-stage test.

Was There a Reasonable Expectation of Privacy?

The court first asks whether the claimant had a reasonable expectation that the information (photographs, messages, videos, etc.) would remain private.

Context is key. Information concerning health, finances, family life, relationships and activities inside the home will often attract a strong expectation of privacy (they are clearly more personal in nature).

A useful example is the neighbour’s CCTV camera. Having a camera covering the owner’s driveway is unlikely to cause difficulty. However, if the camera regularly records you, your family members, or substantial areas of your garden, or through your window, the argument that you had a reasonable expectation of privacy becomes considerably stronger.

Is Disclosure Nonetheless Justified?

The court must balance the individual’s right to privacy against any competing interests (i.e. freedom of expression or genuine public interest).

So, while reporting criminal wrongdoing may justify disclosure of information that would otherwise be private, reporting information to satisfy public curiosity usually will not (i.e. while something may be of interest to the public, that is not the same as being in the public interest.

Practical Points

When considering a privacy dispute, ask:

  1. What information has been obtained or disclosed?
  2. Would a reasonable person regard that information as private?
  3. How was the information obtained?
  4. Was there any consent?
  5. What harm has been caused or could be caused?
  6. Is there any genuine public interest in disclosure?

These questions frequently arise in neighbour disputes, workplace disagreements, family conflicts, social media arguments and disputes involving surveillance technology.

What Remedies Are Available?

The most powerful remedy is often an injunction. This can prevent information from being published or require its removal from websites, social media platforms or other publications. The court can order documents, recordings, photographs or electronic data to be returned, destroyed or deleted.

For example, if a neighbour were threatening to publish footage obtained from a CCTV camera overlooking your garden, the court may be willing to intervene before publication occurs.

Damages

A claimant may recover damages for:

  • distress and anxiety caused by the misuse of private information; and/or
  • financial losses arising from the disclosure (although this is not necessary if the above can be substantiated); and
  • legal costs.

Data Protection Claims

Where personal data is involved, a claimant may also have a claim under the UK GDPR and Data Protection Act 2018. In practice, privacy and data protection claims are frequently pursued together, increasing the potential exposure for the wrongdoer.

Conclusion

Privacy law is not limited to newspaper headlines and celebrity scandals. It affects ordinary people every day.

Whether it is a neighbour’s camera overlooking your property, private messages being shared without consent, recordings being taken inside the home, or personal information being circulated online, the central question remains the same:

Would a reasonable person in your position expect that information to remain private?

If the answer is yes, the law may provide a remedy, ranging from damages and deletion orders to urgent injunctions preventing publication altogether.

If you think that your right to privacy has been breached, please contact James Day at james.day@wellerslawgroup.com or on 01732 457575 or another member of the Dispute Resolution team for a no-obligation initial discussion