Describe and analyse the English law on privacy in relation to both:(a) commercial interests; and(b) children.
Question
Describe and analyse the English law on privacy in relation to both:
(a) Commercial interests;
(b) Children.
Solution
The English law on privacy is a complex and evolving area of law that is not explicitly codified in a single piece of legislation. Instead, it is derived from a combination of common law, statutory law, and international human rights law.
(a) Commercial Interests:
In relation to commercial interests, privacy law in England is primarily concerned with the protection of confidential information and the prevention of its misuse. This is governed by the law of confidence, which is a common law doctrine that protects information that has the necessary quality of confidence and has been imparted in circumstances importing an obligation of confidence.
In addition, the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) also play a significant role in protecting privacy in the commercial context. These laws regulate the processing of personal data and provide individuals with certain rights in relation to their personal data, such as the right to access their data, the right to rectification, and the right to erasure.
(b) Children:
In relation to children, the English law provides additional protections due to their vulnerability. The United Nations Convention on the Rights of the Child, which has been ratified by the UK, provides that children have the right to privacy. This is reflected in various pieces of English legislation.
For instance, the Children Act 1989 provides that the welfare of the child is paramount in all decisions concerning children. This includes decisions relating to the privacy of children.
Moreover, the GDPR also provides additional protections for children's personal data. It requires that consent for the processing of personal data of a child under the age of 16 must be given or authorised by the holder of parental responsibility.
In conclusion, the English law on privacy is a multifaceted and evolving area of law that seeks to balance the competing interests of individuals, commercial entities, and the state. It provides robust protections for both commercial interests and children, although the precise contours of these protections are continually being shaped by case law and legislative developments.
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