module specification

This module examines the extent to which English Law protects people from the invasion of their privacy. This is of particular concern to those involved in the media, where reporting on the private lives of celebrities and other people unwittingly caught up in the news is big business: indeed it is often the entire business of tabloid newspapers and gossip magazines.

The concept of privacy has itself proved to be problematic as it may be both socially and culturally specific. We need to consider therefore what – if any – are the precise aspects of privacy that English Law seeks to protect. The basic requirements of individual autonomy are that people have the right to determine for themselves how they live their lives and the right to be left alone to do it.

However, the media also have a particular interest in its rights to freedom of expression and freedom of the press, and these have frequently come into conflict with the rights of people in the news to a private life.

A related but distinct issue is the right to data privacy under the General Data Protection Regulation. You will therefore also critically analyse the effect that this has had on the media.

MODULE AIMS

On successful completion of this module, you will be able to:

• understand the legal, social, and cultural context underpinning the law and policy relating to privacy law;
• understand the potential tortious and human rights repercussions inherent in the use of private information;
• relate relevant concepts and cases in contemporary media reporting;
• understand the current legal challenges relating to the exploitation of private information;
• critically evaluate case-study-based problem questions;
• analyse the effect of the GDPR on the media sector.

No pre-requisites. Not available for Study Abroad.

Breach of Confidence

•    The Three-Part Test
•    The meaning of confidence
•    Expansion of the doctrine

The European Convention on Human Rights

•    Article 8
•    Article 10

The Human Rights Act 1998

The Reasonable Expectation of Privacy

• Health and Medical Information
• Gender Identification
• Sexual Orientation
• Intimate Relations
• Personal Appearance
• Home and Private Life
• Political Opinions
• Religious Views
• Grief
• Identity
• The Zone

Article 8 and Article 10: the ultimate balancing act

• Public Interest

Remedies

• Interim Injunctions
• Anonymity Orders
• Super Injunctions

The General Data Protection Regulation

Overview

Students will be taught by a combination of online lectures, interactive online seminars, one-to-one supervision, and self-study of a comprehensive module, with students encouraged to read from specified case law and legal journals. Students will be given the opportunity to discuss theoretical issues as well as practical problem solving.  Students will be supported in undertaking on-line research using electronic law databases and encouraged to use on line legal resources on a regular basis. There is a virtual learning environment containing handbooks, lecture notes, weblinks, discussion groups, study skills materials and assessment criteria. 

Experiential Learning

Students will be encouraged to respond to realistic case-studies relating to the sector, giving written legal opinions to clients in the style of a professional legal advisor. Students will also be able to participate in the extracurricular experiential learning offered within the Law School, including the Pro Bono Clinic and the Mooting Club.

Study Support

Students will have regular access to module tutors by email and by one-to-one video conferences to support their studies. They will also engage with one formative assessment for each module, which will be marked promptly with opportunities for feedback either by email or individual online discussion.

On successful completion of the module, you will be able to do the following:

1. Comprehend and manage a substantial body of legal knowledge relating to the use and misuse of private information.

2. Evaluate the commercial, policy and human rights implications of the legal control of the use of private information.

3. Critically analyse the importance of privacy and human rights laws within the media sector.

4. Research and manage legal information from paper and IT resources and present competent legal arguments in writing.

5. Synthesise relevant case law and statute, understand and present conflicting arguments and apply the law to problem scenarios relevant to aspects of privacy.

The module adopts the assessment strategy principles of GSBL which have been developed in the spirit of ESJ. These are:

1. The School is committed to ensuring that each student should not have more no more than 2 assessment points per 20 credit module.
2. We provide balanced forms of assessment, both in terms of its overall volume (measured in terms of assessment points and output required and the types used.
3. Group activities are part of the learning and teaching strategies but assessment is at the level of the individual. Thus, assessment focused on individual reflections and learning from participating in a group activity.
4. Flexibility/choice in assessment methods will be introduced wherever possible in order to facilitate different learning studies and support personalization

Assessment of the module will be by way of an advocacy exercise, by way of an oral presentation to a court, pleading the case for either a claimant or a defendant in a fictional case.

In line with our policy on facilitating formative feedback to students, the assessment strategy is designed to provide formative feedback on a piece of contributing summary assessment before another summative component is due to be submitted.

https://rl.talis.com/3/londonmet/lists/8A7F69C6-F171-E51D-C3DC-21C47DF48D43.html?lang=en-US&login=1