On 24 July, the High Court found that the clandestine
recording of sexual activity on private property was an
infringement of privacy. However, although the case raises no
new legal principles, it helps to underline the now established
two-phase test for "misuse of private
information":
(i) is there a reasonable expectation of privacy in the
information;
and, if so,
(ii) is there is overriding public interest that justifies the
publication of the information (and engages the right to
freedom of expression under Article 10 of the Human Rights
Act
At first glance, this case appears to have little to do with
corporate privacy rights (although high profile individuals
will no doubt draw comfort that "kiss and tell"
stories may breach their right to privacy). However, many of
the same principles will apply to corporates looking to protect
their privacy.
