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The Value of Privacy

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Abstract:

This article focuses upon compensatory damages for non-pecuniary harm in claims for misuse of private information. The article considers the interests that are protected by this action, and the non-pecuniary harm that may arise where there has been a misuse of private information. The article describes the approaches that could be taken by the courts in awarding damages, before analysing the approaches that have been taken so far. Consideration is then given to whether any of the approaches taken so far represents a preferred basis for awarding damages, or whether there is support for the adoption of an alternative approach. The article concludes that there are arguments in favour of adopting an approach analogous to that in defamation claims in order to deter misuses of private information.

Keywords: COMPENSATORY DAMAGES; DEFAMATION; MISUSE OF PRIVATE INFORMATION; NON-PECUNIARY HARM

Document Type: Research Article

Publication date: July 1, 2010

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  • The only platform for focused, rigorous analysis of global developments in media law, this new peer-reviewed journal is:

    • essential for teaching and research
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    • essential for policy-making.

    It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens.

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