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Beyond breach of confidence: an Irish eye on English and Scottish privacy law

Lookup NU author(s): Dr Daithi Mac Sithigh

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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).


Abstract

This article is based on comparative comments (with special attention paid to Irish law) presented at a seminar on breach of confidence and privacy. It is first argued that a continuing uncertainty regarding the role of statute in relation to privacy is common to the development of doctrines in both England and Scotland, with similar anxieties present in other jurisdictions. In the absence of statutory clarity, the questions arising out of debate on the nature of the cause of action, and the consequences of variation in definitions of "privacy", are considered - with special attention to developments in Ireland and New Zealand. The relationship between the evolution of breach of confidence and the human rights framework is also noted. Finally, the prospects for law reform and/or convergence across jurisdictions in the United Kingdom are assessed.


Publication metadata

Author(s): Mac Síthigh D

Publication type: Article

Publication status: Published

Journal: Juridical Review

Year: 2014

Pages: 27-36

Print publication date: 11/03/2014

Online publication date: 18/02/2014

Acceptance date: 01/01/1900

Date deposited: 24/04/2015

ISSN (print): 0022-6785

Publisher: Sweet & Maxwell Ltd

URL: http://ssrn.com/abstract=2399010


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