Stefan Lo on Privacy (New book chapter)

"Privacy"

Stefan Lo

in Hon Mr Justice Bokhary, Normann Witzleb, Neerav Srivistava (eds), Tort Law and Practice in Hong Kong (4th edition, Sweet and Maxwell, April 2025), Chapter 21
Published in April 2025

Abstract: This chapter examines tort actions protecting privacy of persons under the common law, with a focus on the tort of misuse of private information. This tort has developed significantly in the United Kingdom in the past two decades. Although there is little case authority on the tort in Hong Kong, there are some observations of the Hong Kong courts supporting the existence of the tort in Hong Kong. Apart from this tort, the chapter also examines how other torts can effectively protect privacy, including the tort of nuisance as set out by the UK Supreme Court in Fearn v Board of Trustees of the Tate Gallery [2024] AC 1.