Abstract:

This article seeks to critically analyse the tort of invasion of privacy in a detailed
format covering all aspects under its relevance as a tort.
Although the tort of invasion of privacy isn’t recognised officially, that there are a
number of other torts and legal mechanisms which act to protect the privacy of
individuals. So an individual can prevent people from coming into his house
via trespass to property, can stop them from rooting through his diary via trespass to
goods, and can prevent them from lifting his shirt up via trespass to person. The same
snooper is prevented from accessing the individual’s bank account by the law
regarding fraud, and from falsely affecting his reputation thanks to the tort of
defamation. He can go about his business free from constant interference under
harassment law. In essence - the private ‘sphere’ of an individual’s life is protected by
a number of different and effective safeguards.

Firstly the article illustrates the origin of privacy torts and the laws regarding the
same.

This article takes into account the Human Rights approach to privacy under the
Human Rights Act 1998 as well as exemplify the doctrine of breach of confidence in
terms of the law of equity.

Cases regarding the same would include

Douglas v Hello! Ltd

Campbell v Mirror Group Newspapers.

The article establishes a clear cut understanding on what constitutes as a private

information through tort case laws such as A v B [2002] 2 All ER 545 and Beckham v
Mirror Group News Ltd [2001] All ER (D) 307 among others.

The expectations of privacy under the public ambit is also explained further on with
the help of relevant case laws.

The final part of the article deals with tort of invasion of privacy with regards to the
Indian law and the assistance of specific Indian case laws

It also deals with the development of tort of invasion of privacy and its evolution with
regards to periodic tort law.