The development of the concept of privacy in English law has been heavily influenced by the existence of two mature and specialist areas of law. Libel law has traditionally focused on reputational privacy. Equitable remedies, such as breach of confidence, have broadened to protect seclusional privacy.
These two areas of law – now developing through case law reflecting Articles 8 and 10 of the European Convention on Human Rights – are coalescing. This may lead to greater use of ‘responsible journalism’ techniques that address issues arising where prior notification of breaches of reputational or seclusional privacy becomes the norm.