Harassment claims: beach of privacy: solicitors: Humphreys & Co.

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Harassment & breach of privacy

Harassment claims: beach of privacy: solicitors: advising on harassment, privacy and other employment law issues UK-wide from Bristol offices.

Solicitors at Humphreys & Co. advise on and conduct claims arising from harassment and breach of privacy.

Harassment

Protection from Harassment Act 1997

As of 1997, the Protection from Harassment Act came into force in the UK. Initially introduced to bolster the legislation preventing activities such as stalking, this Act is in effect an umbrella covering all forms of harassment.

�the test of harassment was held to be �conduct targeted at an individual which is calculated to produce the consequences described in section 7 and which is oppressive and unreasonable� � Whether conduct is reasonable will depend upon the circumstances of the particular case.�

Iqbal v. Dean Mason Solicitors [2010]

The law�s definition of harassment is wide-ranging and is not exhaustive, providing the opportunity for judgment on a case-by-case basis. In general, a person must not pursue a course of conduct which amounts to harassment of another, or which they ought to know amounts to harassment of that other.

A course of action will be considered harassment by the court if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

There is, therefore, considerable scope for a wide range of claims against individuals and organisations. For example, if an individual has suffered harassment in the workplace they may choose to pursue action for damages under the Protection from Harassment Act rather than at an Employment Tribunal.

�the Act is concerned with courses of conduct which amount to harassment, rather than individual instances of harassment � it is the course of conduct which has to have the quality of amounting to harassment, rather than individual instances of conduct.�

Iqbal v. Dean Mason Solicitors [2010]

If found guilty of an offence under the Protection from Harassment Act 1997, the defendant is liable to face imprisonment up to 6 months, a fine not exceeding level 5 on the standard scale (up to �5,000), or both. The legislation also allows the issuing of restraining orders.

If the defendant has a restraining order placed against them and they subsequently do anything they are prohibited from doing under the injunction, they may be sent to prison for up to 5 years.

�the purpose of the Act, it seems to me plain, is intended to render actionable conduct which might not be alarming if committed once, but becomes alarming by virtue of being repeated � It is, therefore, � not necessary for there to be alarm caused in relation to each of the incidents relied upon as forming part of the course of conduct. It is sufficient if, by virtue of the course of conduct, the victim is alarmed or distressed.�

Kelly v. Director of Public Prosecutions [2002]

Damages may be awarded to the victim for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

Threats of violence are also covered by the harassment Act, with severe consequences. A person who through their course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence. If found guilty of an offence under this section, the defendant is liable to face imprisonment for a term not exceeding five years, or a fine, or both. If the guilty party is provided with a summary conviction, they may be imprisonment for a term not exceeding six months, fined, or both.

Malicious Communications Act 1998

Further to the Protection from Harassment Act, there is also legislation to prevent harassment involving malicious communications either through the post, by telephone, Fax, cyber-stalking or by SMS messages sent to mobiles.

Under this legislation it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person and under section 43 Telecommunications Act 1984 it is a similar offence to send a telephone message which is indecent offensive or threatening. Both offences are punishable with up to six months imprisonment, a fine, or both.

Breach of privacy

Breach of privacy claims have recently become much more common by virtue of recent judge-made extensions to English law, leading on from the Michael Douglas v Hello Magazine and Naomi Campbell judgments, through to the Max Mosley and Madonna proceedings.

Although there is no express right to privacy under English common law � and therefore no civil action available for a purported breach of such a right � there are a number of rights that, in various ways, relate to privacy. These have been used in recent years to the same effect as a dedicated privacy law. Some possible approaches are outlined below.

Breach of confidence

Traditionally, to bring a claim for breach of confidence, the claimant had to establish that there was a confidential relationship between the claimant and the defendant.

However, to bring a claim for misuse of confidential information, the claimant must only establish that he had a reasonable expectation of privacy in relation to the information in question. The relationship with the defendant is not particularly relevant. If successful, a claimant can have an injunction issued against publication.

Human Rights Act 1998

In 1998 the European Convention on Human Rights was incorporated into UK law. Article 8(1) of the Convention states that �everyone has the right to respect for his private and family life, his home and his correspondence�.

Data Protection Act 1998

The law relating to data protection holds relevance to nearly everyone�s privacy in the modern technological world. The Data Protection Act sets out eight rules by which people must comply when they collect, store, retrieve or organise data. In addition to those rules, the Act gives people further rights � such as the right to prevent others from using your personal data in a way that causes damage or distress. The Act also includes provision for individuals to recover compensation from someone (a processor of data) who has used your personal data in breach of the rules set out in the Act.

Fixed charge package with options and recommendations

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Solicitors authorised and regulated by the Solicitors Regulation Authority of England & Wales under no.62944
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