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ARTICLE · 09 MARCH 2023

The Tate Modern – Right To Privacy

Herrington Carmichael LLP
Herrington Carmichael LLP
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Herrington Carmichael LLP

Herrington Carmichael LLP

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In today's busy and fast-paced world, a person's right to privacy is becoming increasingly important and legally recognised.

United KingdomPrivacy

People who live in glass houses... next to the Tate Modern.

In today's busy and fast-paced world, a person's right to privacy is becoming increasingly important and legally recognised. It is therefore unsurprising that two somewhat conflicting areas of law have been highlighted in the news recently, those being a person's right to privacy and another's right to use their land as they wish.

So we now find ourselves asking the question: to what extent can a landowner use their own land before it becomes an invasion of another's right to privacy?

The Tate Modern's invasion of privacy

In the recent highly publicised Supreme Court decision in Fearn & Ors v The Board of Trustees of the Tate Gallery, the court heard that in 2016 the iconic Tate Modern Museum on London's South Bank installed a viewing platform on its 10th floor to provide wide-ranging panoramic views of its surroundings. That platform attracted several thousand daily visitors, the majority of whom

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