Breaches of Privacy: A Comprehensive Guide for Media Law Students

Question 1

Evaluate the effectiveness of the 'legitimate interest' defense in balancing the privacy rights of individuals and the interests of the media.

Accepted Answer

The effectiveness of legitimate interest as a defense depends on the specific circumstances of each case.

Answer

Legitimate interest is an absolute defense that always protects the media from liability for privacy violations.

Answer

Legitimate interest is a weak defense that rarely succeeds in protecting the media from liability for privacy violations.

Answer

Legitimate interest is a strong defense that always prevails over individual privacy rights.

Question 2

What is the name of the tort that prohibits the unauthorized use of a person's likeness?

Accepted Answer

Misappropriation of likeness

Answer

Libel

Answer

Slander

Answer

Passing off

Question 3

Which statute governs data protection laws in the UK?

Accepted Answer

Data Protection Act 1998

Answer

Human Rights Act 1998

Answer

Freedom of Information Act 2000

Answer

Electronic Communications Act 2003

Question 4

In the context of media law, which legal remedy is generally considered most effective in preventing future privacy breaches?

Accepted Answer

Court Injunctions

Answer

Financial Damages

Answer

Public Apologies

Question 5

Which action is not considered an 'intrusion into seclusion' under English common law?

Accepted Answer

Surveilling someone in a public place without their knowledge

Answer

Entering someone's home without permission

Answer

Illegally obtaining personal information

Answer

Repeatedly following or contacting someone

Question 6

What is the 'reasonable expectation of privacy' test used to determine in disclosure of private information cases?

Accepted Answer

Whether the information is considered private by society

Answer

Whether the information was lawfully obtained

Answer

Whether the disclosure is in the public interest

Answer

Whether the person whose information was disclosed consented to its release

Question 7

Which tort specifically addresses unwanted and distressing conduct?

Accepted Answer

Intentional infliction of emotional distress

Answer

Malicious prosecution

Answer

Libel

Answer

Negligence

Question 8

Under the GDPR, what is the 'right to be forgotten'?

Accepted Answer

The right to have inaccurate or outdated personal data deleted

Answer

The right to withdraw consent for data processing

Answer

The right to object to the use of personal data

Answer

The right to access and obtain a copy of personal data

Question 9

In the context of privacy law, public figures have a __ expectation of privacy compared to private individuals.

Accepted Answer

Lower

Answer

Higher

Answer

Equal

Answer

Fluctuating

Question 10

The primary purpose of the Privacy and Electronic Communications (EC Directive) Regulations 2003 is to protect individuals from:

Accepted Answer

Unsolicited electronic communications

Answer

Unauthorized access to personal data

Answer

Misuse of personal information

Answer

Government surveillance

Question 11

Which of the following is NOT recognized as a tort in the context of breach of privacy?

Accepted Answer

Trespass

Answer

Intrusion upon seclusion

Answer

Public disclosure of embarrassing facts

Answer

False light

Question 12

The defense of consent to a breach of privacy requires:

Accepted Answer

Express, informed consent obtained without coercion

Answer

Implied consent based on reasonable expectations of privacy

Answer

Consent granted by a legal guardian in the case of minors

Answer

Consent obtained through deception or under duress

Question 13

When determining whether a disclosure of private information is actionable, which of the following factors is NOT considered?

Accepted Answer

The financial gain obtained by the discloser

Answer

The nature of the information disclosed

Answer

The purpose of the disclosure

Answer

The extent of the disclosure

Question 14

Which of the following remedies is typically NOT available for a breach of privacy?

Accepted Answer

Imprisonment

Answer

Injunction

Answer

Damages

Answer

Retraction

Question 15

The Data Protection Act 2018 primarily governs the:

Accepted Answer

Collection and use of personal data

Answer

Protection of intellectual property

Answer

Regulation of online content

Answer

Monitoring of communications

Question 16

The use of surveillance cameras in public places:

Accepted Answer

May be lawful if used in a reasonable and proportionate manner, subject to the principles of necessity and proportionality

Answer

Is unlawful if it captures images of individuals without their express consent

Answer

Is always lawful

Answer

Is always unlawful

Question 17

Evaluate the ethical and legal considerations surrounding the use of hidden cameras and the publication of secretly recorded information, considering the balance between privacy rights and the public's right to know.

Accepted Answer

Balancing ethical and legal considerations is crucial to protect privacy while allowing for the reporting of matters of public interest.

Answer

Hidden cameras should be prohibited due to their inherent violation of privacy.

Answer

The publication of secretly recorded information is universally illegal.

Answer

Journalists have an absolute right to use hidden cameras and publish secret recordings.

Question 18

In assessing the legality of media-related privacy breaches, how does 'public interest' play a role?

Accepted Answer

Public interest is a factor considered by courts.

Answer

Public interest is irrelevant.

Answer

Public interest is an absolute defense.

Answer

Public interest applies only to public figures.

Question 19

Which of the following is NOT a recognized form of breach of privacy in the United Kingdom?

Accepted Answer

Libel

Answer

Harassment

Answer

Disclosure of private information

Answer

Intrusion

Question 20

Intrusion into the solitude or seclusion of another person is known as:

Accepted Answer

Intrusion

Answer

Stalking

Answer

Harassment

Answer

Trespass

Question 21

The Data Protection Act 2018 is a UK law that regulates:

Accepted Answer

Processing of personal data

Answer

Data retention

Answer

Electronic surveillance

Answer

Freedom of information

Question 22

The tort of breach of confidence is actionable when there is:

Accepted Answer

Unauthorized use or disclosure of confidential information

Answer

Harm to reputation

Answer

Malicious intent

Question 23

The GDPR, or General Data Protection Regulation, is a:

Accepted Answer

European Union regulation on data protection

Answer

Code of conduct

Answer

International treaty

Answer

UK statute