Thursday, 28 October 2010

Media Law - Privacy and Confidentialty

Privacy

Under Section 8 of the Human Rights Act (1998) "Everyone has the right to respect for his private and family life, his home and his correspondence." This basically means that everyone is entitled to private enjoyment of family life. This affects taking photographs too because unless the person you are photographing is engaging in a pure public duty then now because of section 8 of the Human Rights act there has to be consent!

There are two types of consent, explicit consent and implied consent. Explicit consent is where a contract has been signed to agree consent. Implied consent is where for example there are posing in front of a camera and it is obvious that they know they are being photographed.

Confidentiality

Confidentiality is the right to tell somebody something and they won't disclose it to anyone else. It depends on the importance of the secret and the relationship with the person. To sue on breach of confidentiality the information must have a quaility of confidence, it must have been said in confidential circumstances, there must be no permission to reveal the secret and it has to cause actual damages when told.

The Official Secrets Act is used by the government to protect secrets to do with military operations or intelligence that might help enemies.

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