Campbell v MGN (HL) [2004] UKHL 22

Test for breach of confidence is whether Claimant had reasonable expectation of privacy in respect of disclosed information.

Thus no pre-existing relationship of confidence required 

• I.e. obligation of confidence arises where Claimant knows or ought to know there is reasonable expectation information will be kept confidential

People are encouraged to attend NA meetings because of their private nature. 

Therefore Claimant obviously has reasonable expectation of privacy in relation to meetings. 

Defendant was entitled to publish fact that Claimant was drug addict and receiving treatment from NA.

• Necessary to correct false impression

However Claimant not entitled to publish details of her attendance nor photos of Claimant at same time

• Were not necessary in public interest or to add to credibility of story

• Were intrusive

  • Had been taken covertly