Privacy is dead, long live privacy! Breach of confidence and information privacy: towards a more progressive action for breach of confidence?
Kierkegaard, Sylvia (eds.)
Law Across Nations: Governance, Policy & Statutes.
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As we step out of the traditional intimate and secluded private sphere to take up our virtual lives on the net and socialize on Facebook or Twitter after having shopped on Amazon or eBay, privacy seems to wither away. But does it mean that Internet users be they “digital natives” or “digital immigrants” just need to go over it once and for all? Paradoxically such a renunciation is advocated at the very time when judges are extending the remit of British privacy law. Does it mean then that privacy law only protects the interests of few famous users? While recent developments may be interpreted in this sense, this article seeks to explain why privacy law should not be dropped too quickly. Indeed it may well be that the British action for breach of confidence is mutating to become an instrument of its own to secure information privacy. This shift from the seclusion of intimate spheres to the empowering of individuals while acting in an intermediate sphere is likely to make the action for breach of confidence a more “democratic” regulatory instrument finally of interest to the “ordinary” people
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