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United Kingdom
United Kingdom
Key definition
Use definition What does Use mean? In legal practice, Use describes any act of dealing with information, materials, works, data or technology. It is usually a contractual umbrella term capturing a broad range of actions, commonly including to distribute, disclose, store, use, analyse, copy, reproduce, extract, modify or adapt, whether in whole or in part. Use is not generally fixed by statute; its scope turns on the wording of the relevant agreement and context. That said, it intersects with specific legal regimes. In intellectual property, “use” of a trade mark in the course of trade (UK Trade Marks Act 1994; Irish Trade Marks Act 1996) and the...
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Misuse of private information: related claims (confidence, harassment, defamation, HRA 1998, data protection, nuisance) and media and communications CPR/Pre-Action Protocol guidance
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Practice notes
The tort of misuse of private information is the chief route for enforcing privacy rights, and is relied upon to protect privacy rights, at least against defendants who are not public authorities, and is often the Principal Claim advanced. Yet, in any particular dispute, a claimant would be prudent and well advised to assess whether deploying alternative causes of action could reinforce their privacy case. As Lord Hoffmann remarked in Wainwright v Home Office (para [18]), there are various common law and statutory remedies for which protecting privacy is among the underlying values they secure. This Practice Note reviews six causes of action that may bear upon a ‘privacy claim’. For more information on misuse of private information claims, see Practice Notes:
- Starting a claim for misuse of private information—a practical guide
- Responding to a claim for misuse of private information—a practical guide
EU case law
This Practice Note refers to cases from the Court of Justice. For guidance on whether judgments of the Court of Justice are binding on UK courts, see the Practice Note: Assimilated law.
Key portions of the CPR
Claims in defamation, in the misuse of private information, under data protection law, or harassment by publication,...
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Web page updated on 21/05/2026
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