Judges advise against too tightly defining privacy

November 23, 2011

Leading judges today advised a parliamentary committee against trying to too “tightly” define areas of privacy law, suggesting instead that it “would be better to leave it to judges in the main”.

Appearing before the joint committee on privacy and injunctions, Sir Nicholas Wall, president of the family division of the high court, Lord Neuberger, master of the rolls, Mr Justice Baker, and Mr Justice Tugendhat faced questions on current legislation and possible future areas to address.

Tugendhat told the committee that while the balancing act for judges in privacy-related cases is not simple, it is “not impossible”.

“I don’t think judges are finding the task impossible, it’s never easy … The task we have is not impossible and it is for you to decide if you think it would be improved if you intervene.”

But he added that he did not see a need for “a more robust definition of privacy”, adding this would make it “more likely you are to exclude things inadvertently you wouldn’t wish to exclude”.

Source Judges advise against too tightly defining privacy

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