Breach of Privacy

Your right to privacy is a fundamental human right, protected by law. In an age where personal and professional information is constantly being shared and stored, the risk of that privacy being breached is higher than ever. A breach of your privacy—whether through unauthorised data sharing, unlawful surveillance, or the publication of private information—can have devastating consequences for your personal life, reputation, and financial security. Navigating a claim requires specialist legal expertise and a decisive strategy to protect your rights.

At Central Chambers Law, our senior legal consultants are experts in privacy law and data protection. We understand the profound impact a breach of privacy can have and the sophisticated legal arguments required to hold those responsible to account. Our function is to provide clear, authoritative advice and to execute a robust strategy designed to protect your privacy and secure just compensation for the harm you have suffered.

What Constitutes a Breach of Privacy?

A breach of privacy occurs when your private information is accessed, used, or disclosed without your permission or a lawful justification. The law protects information where you have a "reasonable expectation of privacy."

Common causes of privacy breaches include:

• Data Breaches: Your personal data being lost, stolen, or shared by an organisation due to poor security or human error.
• Publication of Private Information: The media or an individual publishing private details about your life, health, or personal relationships without your consent.
• Unlawful Surveillance: Being monitored, photographed, or recorded in a private space or through intrusive means.
• Misuse of Information: An organisation or individual using your private information for a purpose other than that for which it was provided.
• Hacking and Cyber-Intrusion: Malicious actors illegally accessing your private accounts, emails, or devices.

The Legal Framework for Privacy in the UK

Your right to privacy is protected by a robust framework of UK and European law. Understanding this framework is the key to any claim.

• The Human Rights Act 1998: This act incorporates the European Convention on Human Rights into UK law. Article 8 provides a right to respect for one's "private and family life, his home and his correspondence." This is the foundation of modern privacy law.
• UK GDPR and the Data Protection Act 2018: This legislation governs how organisations must handle your personal data. It gives you rights over your data and imposes strict obligations on companies to keep it secure. A failure to do so can lead to a claim for compensation.
• The Common Law Tort of Misuse of Private Information: This is a civil claim that allows you to sue for the misuse of your private information, balancing your right to privacy against another's right to freedom of expression.

Pursuing a Breach of Privacy Claim

If your privacy has been violated, taking swift and strategic action is essential to limit the damage and seek redress.

1. Evidence Gathering: The first step is to preserve all evidence of the breach, such as letters, emails, screenshots, or publications.
2. Formal Complaint and Cease and Desist: We can send formal legal letters to the party responsible, demanding that they stop their actions, remove the information, and acknowledge the breach.
3. Applying for an Injunction: If there is a threat of private information being published, we can apply to the court for an emergency injunction to prevent it from happening. This is a critical and time-sensitive action.
4. Claiming Compensation: We can pursue a claim for financial compensation for the distress caused by the breach and any financial losses you have incurred as a result.

Potential Remedies and Defences

The courts can grant powerful remedies to victims of privacy breaches, but defendants also have grounds on which they can challenge a claim.

Potential Remedies

• Damages: A financial award to compensate you for the distress, anxiety, and harm to your reputation caused by the breach.
• Injunction: A court order preventing the defendant from publishing or continuing to publish your private information.
• Order for Delivery Up or Destruction: An order requiring the defendant to hand over or destroy any copies of your private information.
• Public Apology: In some cases, a public apology can be sought as part of a settlement.

Potential Defences

• Public Interest: A defendant, particularly a media organisation, may argue that the publication was justified because it was in the public interest.
• Information Already in the Public Domain: Arguing that the information was no longer private because it was already widely known.
• Consent: Claiming that you consented to the use or publication of the information.

Why Central Chambers Law Provides the Definitive Representation

Breach of privacy claims are legally complex and often involve balancing competing human rights. Success requires a legal team with deep expertise in media and information law, combined with the strategic ability to act decisively.

Clients trust Central Chambers Law because we provide a sophisticated, discreet, and tenacious service for these highly sensitive disputes. Our reputation is built on our ability to protect our clients' privacy with formidable legal action. Our approach involves:

• Immediate, Authoritative Advice: We provide an urgent assessment of your case, outlining your rights and the immediate steps needed to contain the breach and protect your information.
• Expertise in Injunctions: Our team has extensive experience in obtaining emergency, without-notice injunctions from the High Court to prevent the publication of private information.
• Strategic Case Building: We meticulously prepare your claim, grounding it in the complex case law to build a powerful and persuasive argument for why your right to privacy must be protected.
• Powerful Negotiation and Advocacy: Our senior advocates are skilled negotiators and authoritative litigators. We have the experience to secure favourable settlements or fight your case tenaciously in court to achieve a just outcome.

Our focused expertise means we are perfectly equipped to provide the intelligent and robust representation needed to navigate the challenges of a breach of privacy claim.

Protect Your Privacy with Immediate Expert Advice

If you have been the victim of a breach of privacy, or if you are being threatened with the publication of private information, you must act without delay. The sooner you seek expert legal advice, the more we can do to protect you and your reputation.

Contact our expert privacy law solicitors immediately for an urgent and confidential consultation. Taking decisive action is the most critical step you can take to regain control and defend your right to privacy.

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