Volume I

Issue : 8: October 16, 2003

• Privacy Commissioner Rules on Three PIPEDA Complaints Filed Against Banks
• U.S. Court of Appeals Finds Right to Domain Name Contingent on Ongoing Conduct
• BC Supreme Court Finds Exchange of Emails Sufficient To Form Binding Contract
• U.K. House of Lords Rejects Common Law Tort of Invasion of Privacy
• BC Supreme Court Finds Election Gag Law Unconstitutional
• Web Radio Royalty Fees Upheld
• Two U.S. Court of Appeals Release Judgments on the Scope of the Immunity Provided to ISPs Under CDA
• U.S. Regulators to Take Action Against Online Pharmacies
• Ontario Court of Appeal Overturns Internet Libel Finding

Home > Volume I > Issue 8: October 16, 2003 > U.K. House of Lords Rejects Common Law Tort of Invasion of Privacy

U.K. House of Lords Rejects Common Law Tort of Invasion of Privacy

On October 16, 2003, the U.K. House of Lords released its decision in the case of Wainwright and another v. Home Office. The case concerned the right of Mr. Wainwright and his mother to recover damages for emotional distress resulting from a strip search performed in a prison facility. Counsel for the Wainwrights urged the House to declare the existence of a tort of invasion of privacy which would render the strip searches actionable. The five Lords of the House unanimously rejected the existence of such a general cause of action. The House stated that "this area requires a detailed approach which can be achieved only by legislation rather than the broad brush of common law principle".

For a copy of the decision, visit:

www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd031016/wain-1.htm

For additional information, visit:

politics.guardian.co.uk/homeaffairs/story/0,11026,1064949,00.html