Six tests for a privacy law

Adapted from an article in The Economist (Sept. 19th '92).

In Britain there are attempts to bring in a statutory right to privacy. A good law would need to meet six tests:

'An invasion of privacy is justified if the revelations are in the public's interest (not if they merely interest the public)'

(1) An invasion of privacy is justified if the revelations are in the public's interest (not if they merely interest the public);

(2) Decisions must be taken by juries;

(3) A decision on damages must be taken by the judge;

(4) The burden of proof should be on the ones who claim their privacy has been invaded, rather than on the defendants.

(5) No power of injunction should be allowed, to stop publication before it ever happens;

(6) Those who claim their privacy has been invaded should be allowed to apply for legal aid.

If all six criteria were satisfied, freedom would take a step forward with a UK privacy law.