alis-volatpropriis
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My tort essay question is, 'Is the concept of a ‘reasonable expectation’ of privacy so vague, as to risk the law relating to misuse of private information becoming uncertain, thereby undermining our freedom to express ourselves?'

My interpretation of the question is that its asking if the concept of a 'reasonable expectation' of privacy relating to misuse of private information is vague or not and if this affects our freedom to express ourselves. Am I right?

I'm confused as to what 'freedom to express ourselves' means. I initially thought it was referring to Article 10 of the Human Rights Act 1998, which is about about freedom of expression.

All the textbooks I've read about this area, seem to imply that it is vague and is undermining our freedom of expression. But it doesn't say how. I've written my introduction. But I don't really know what arguments I should be writing.

Is the concept vague? Is it undermining our freedom to express ourselves? What does the term 'freedom to express ourselves' mean?
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alis-volatpropriis
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anyone???
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tehforum
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(Original post by alis-volatpropriis)
My tort essay question is, 'Is the concept of a ‘reasonable expectation’ of privacy so vague, as to risk the law relating to misuse of private information becoming uncertain, thereby undermining our freedom to express ourselves?'

My interpretation of the question is that its asking if the concept of a 'reasonable expectation' of privacy relating to misuse of private information is vague or not and if this affects our freedom to express ourselves. Am I right?

I'm confused as to what 'freedom to express ourselves' means. I initially thought it was referring to Article 10 of the Human Rights Act 1998, which is about about freedom of expression.

All the textbooks I've read about this area, seem to imply that it is vague and is undermining our freedom of expression. But it doesn't say how. I've written my introduction. But I don't really know what arguments I should be writing.

Is the concept vague? Is it undermining our freedom to express ourselves? What does the term 'freedom to express ourselves' mean?
1) What is a reasonable expectation to privacy?
2) Is it vague
3) If it is vague, will it make the law relating to the misuse of private information uncertain
4) Leading to a limitation on our freedom to express ourselves.

Article 10 of the HRA? u wot?
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brownbearxo
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I'm finding it tough interpreting your actual question in all honesty.
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alis-volatpropriis
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(Original post by tehforum)
1) What is a reasonable expectation to privacy?
2) Is it vague
3) If it is vague, will it make the law relating to the misuse of private information uncertain
4) Leading to a limitation on our freedom to express ourselves.

Article 10 of the HRA? u wot?
Thank you, and sorry I meant Article 10 of the ECHR- freedom of expression. My lecturer replied to my email,and confirmed what I thought.

The problem is, the lectures, the tutorials, the wider reading I have done on this area is so vague. I don't know what exactly is a reasonable expectation of privacy, as it varies from case to case.
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alis-volatpropriis
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(Original post by brownbearxo)
I'm finding it tough interpreting your actual question in all honesty.
My essay question, or what I'm asking?
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nathan2k1
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Are we certain of what we can and cannot freely express without fear of chastisement. Are the common law authorities clear on the position. Are they vague or uneven or misleading. One concept of the rule of law is legal certainty. It gets sticky not just for lawyers but also for joe public if one cannot at least ascertain the correct position.

Sorry, just my initial head thoughts.
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tehforum
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Lectures don't give you answers for everything.

The point is to do your own research abd to form your argument based on that.
(Original post by alis-volatpropriis)
Thank you, and sorry I meant Article 10 of the ECHR- freedom of expression. My lecturer replied to my email,and confirmed what I thought.

The problem is, the lectures, the tutorials, the wider reading I have done on this area is so vague. I don't know what exactly is a reasonable expectation of privacy, as it varies from case to case.
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brownbearxo
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(Original post by alis-volatpropriis)
My essay question, or what I'm asking?
Your question. But I see why, you said you were finding it a bit vague, I could tell. Are you good now?
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alis-volatpropriis
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(Original post by tehforum)
Lectures don't give you answers for everything.

The point is to do your own research abd to form your argument based on that.
I just said, I've done wider reading. I've done my research, I never rely on lectures and tutorials alone. I only use those as a starting point. My point is this area of the law, is very vague, vague enough that I'm finding difficulty in creating strong enough arguments for my essay.
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alis-volatpropriis
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(Original post by brownbearxo)
Your question. But I see why, you said you were finding it a bit vague, I could tell. Are you good now?
Sort of, its better than the other essay question that's available. So I have to just try and persevere. I've done so much wider reading, but its so limited. All the books, articles etc, I've read seem to not have a definitive definition of what a 'reasonable expectation' of privacy entails. I want to use that as my main argument.

Do you have any suggestions?
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brownbearxo
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(Original post by alis-volatpropriis)
Sort of, its better than the other essay question that's available. So I have to just try and persevere. I've done so much wider reading, but its so limited. All the books, articles etc, I've read seem to not have a definitive definition of what a 'reasonable expectation' of privacy entails. I want to use that as my main argument.

Do you have any suggestions?
From what I remember of Tort thats the main problem....'reasonable' is not an objective test contrary to what those old judges believe. Thats what makes it vague
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alis-volatpropriis
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(Original post by nathan2k1)
Are we certain of what we can and cannot freely express without fear of chastisement. Are the common law authorities clear on the position. Are they vague or uneven or misleading. One concept of the rule of law is legal certainty. It gets sticky not just for lawyers but also for joe public if one cannot at least ascertain the correct position.

Sorry, just my initial head thoughts.
Thank you! The research I've done, seems to lean towards what you've said. A 'reasonable expectation' of privacy is so vague that it undermines our freedom of expression, because its unclear what does/doesn't intrude on a person's reasonable expectation of privacy.

My issue is defining what a 'reasonable expectation' of privacy is, I'm still searching for articles etc.. that I could use to at least put together what it should mean.
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alis-volatpropriis
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(Original post by brownbearxo)
From what I remember of Tort thats the main problem....'reasonable' is not an objective test contrary to what those old judges believe. Thats what makes it vague
I agree and its annoying. So my best bet is to find cases that seem to define a 'reasonable expectation' of privacy in different ways, illustrate how they're 'vague' and compare/contrast them, then argue this undermines our freedom of expression?

For 3000 words, I'm slightly worried that I might end up under the word count. I've done well on all my other essays. This is just something else, I've never been this blank after doing so much wider reading.

Contrary to what tehforum is assuming, I don't just rely on lectures/tutorials like some people do. I genuinely enjoy the law, and I enjoy reading around areas especially for assignments.
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brownbearxo
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I enjoyed Tort so yes read around! Pretty sure you have westlaw or lexis nexis? You should find a lot of journals about it on there. As for cases, thats a loosing battle haha but you'll at least find a lot of discussions. Your plan sounds good but you will definitely need to pad it out with wider reading for 3000 words. Thats loads, highest we ever had was 2500.
(Original post by alis-volatpropriis)
I agree and its annoying. So my best bet is to find cases that seem to define a 'reasonable expectation' of privacy in different ways, illustrate how they're 'vague' and compare/contrast them, then argue this undermines our freedom of expression?

For 3000 words, I'm slightly worried that I might end up under the word count. I've done well on all my other essays. This is just something else, I've never been this blank after doing so much wider reading.

Contrary to what tehforum is assuming, I don't just rely on lectures/tutorials like some people do. I genuinely enjoy the law, and I enjoy reading around areas especially for assignments.
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nathan2k1
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Perhaps look at some of the newer celebrity photography cases, i believe one was decided last week. Weller and ors [2014] EWHC 1163 Admin
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alis-volatpropriis
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(Original post by brownbearxo)
I enjoyed Tort so yes read around! Pretty sure you have westlaw or lexis nexis? You should find a lot of journals about it on there. As for cases, thats a loosing battle haha but you'll at least find a lot of discussions. Your plan sounds good but you will definitely need to pad it out with wider reading for 3000 words. Thats loads, highest we ever had was 2500.
Yes I have access to westlaw. I'm writing the essay right now and I've got some other arguments in mind. I'll access some journals too, those should be helpful.

The 3,000 words includes footnotes too. Its very long, I agree. All my previous essays were 2,500 maximum.I thought 3,000 word essays started from 2nd year. Its pretty daunting.. fingers crossed, I'll produce a good essay.

Thank you for your help!
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alis-volatpropriis
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(Original post by nathan2k1)
Perhaps look at some of the newer celebrity photography cases, i believe one was decided last week. Weller and ors [2014] EWHC 1163 Admin
Thank you, I'll include that in my research notes.
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You're welcome
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