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Absence of malice: Sarah Webb on confidentiality and privacy

This episode of the Law Report focuses on the confidentiality and privacy. This is an intermediate level course.



In recent years the English courts have been using actions for breach of confidence to protect and develop a right to privacy by extending the traditional limits of confidentiality to cover the misuse of private information.

This follows the European Convention on Human Rights, which was incorporated into English law in the Human Rights Act of 1998, and which became law in 2000.

The information in this podcast represented the legal position when it was recorded in September 2008.

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Aims and Outcomes

This podcast explores the recent developments in confidentiality and privacy laws. In particular, it deals with the competing demands of Article 8 and Article 10 of the Convention.

It will be useful for any lawyer with an interest in these subjects, particularly the impact of the Human Rights Act.

The interview lasts for 29 minutes. It will take you a further 20 minutes to complete the questionnaire. You will need to get 50 per cent of the questions right to gain your CPD.

The interviewer for this podcast is Fraser Whitehead, who also sets the questions.

Learning outcomes

After listening to the interview, you will understand:

  • The effect of Articles 8 and 10 of the Convention
  • The impact of case law, including the recent Mosley case
  • The four principles governing the right to a private life and the right to freedom of expression
  • The debate in the courts as to whether law of privacy is a freestanding law or an adaptation of the law of confidence
  • Naming parties in privacy actions
  • The issue of “false privacy”
  • Whether photos taken in public are covered by privacy laws
Sarah Webb
Sarah Webb

Sarah Webb is Head of the Litigation, Business and Private Client Group at Russell Jones & Walker (RJW). Her main areas of work include defamation/media law, reputation management and commercial litigation.

Sarah has represented a wide range of clients including prominent MPs, judges, solicitors, leading public schools and other individuals.

Sarah acts for both claimants and defendants.

Most recently Sarah has defended an employee for computer giants CISCO, acted for the Manchester Evening News, and defended the National Autistic Society against libel proceedings.

She has also successfully concluded proceedings on behalf of the Chief Constable of Kent and advised the retired Chief Whip in the House of Lords, Lord Carter.

Sarah is a regular lecturer in privacy law and developments for Central Law Training and a presenter for Legal Network Television. She also provides pre-publication advice and reputation management advice to PR agents.

She has a particular interest in equine matters, is a member of the Equine Lawyers Association and has a regular legal column in an equine magazine.

She articled at McDonald Stacey, qualified in 1983 and joined RJW, where she has been a partner since 1990.

The Legal 500, 2006 edition wrote:

“Sarah Webb has the perfect balance of being sensible and easy to deal with, but not a soft touch.”

Sarah is recommended in the 2007 edition of Chambers & Partners, which says she is "approachable, pragmatic and client-focused".