Recognising A Privacy-Invasion Tort: The Conceptual Unity Of Informational And Intrusion Claims - Paul Wragg

The latest Business Law and Practice work-in-progress seminar examines novel research into 'misuse of private information' legislation, with Dr. Paul Wragg.

Abstract

This paper presents the novel view that ‘inclusion into seclusion’ and ‘public disclosure of embarrassing facts’ (‘misuse of private information’ (“MOPI”) in the UK), which both the academic commentary and US case law treat as two separate legal actions, occupy the same conceptual space.  This claim has important practical ramifications.  No further development of the law is required to realise an actionable intrusion tort as part of the UK’s MOPI tort.  The argument is defended in doctrinal and theoretical terms, and by reference to both UK and US law.  It is presented in three forms: first, in negative terms, that the orthodox distinction between the two claims (informational privacy and intrusion) is unsustainable; secondly, in positive terms, that both guard against the same wrong (unwarranted privacy-invasion) and the same harm (mental distress), in a way that is distinctive from other privacy actions and legal claims based upon the autonomy value; finally, in pragmatic terms, that the legal test for MOPI is suitable for intrusion-only claims.

About the speaker

Paul Wragg is Associate Professor of Law specialising in media law. 

I have been at Leeds since September 2009, having previously taught at Durham University and the University of Birmingham.  I qualified as a solicitor in 2003 and worked in practice in London, Leeds and Birmingham.  I have held visiting fellowships at the University of Sydney and University of Melbourne. 

Until Dec 2017, I was Director of Employability, for eight years, in which I oversaw the School’s strategy for preparing our students for the graduate market.  It was my responsibility to ensure the initiatives and opportunities we created within the school, and the partnerships we established with local, regional and London-based organisations, met the goal of informing, connecting and empowering our students to realise their career ambitions.  I was also Chair of the Faculty Employability Group and a member of the University’s Employability Group.

Register for Paul's seminar.

Location details

Room 1.12
School of Law
Liberty Building
University of Leeds
LS2 9JT

For sat navs, please use the postcode for Moorland Road, LS6 1AN. 

The Liberty Building can also be found on the campus map

All welcome. This is a free event, though registration is required.

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