ABSTRACT
The House of Lords’ decision in Campbell v MGN [2004] UKHL 22 is celebrated for having introduced a new cause of action into English law: the tort of misuse of private information (MPI). Whilst in Campbell, the tort’s role in protecting the individual claimant and their private life is emphasised, subsequently the tort has expanded to protect both the claimant’s information and to protect the family from intrusion. This article explores the reasons for this expansion, identifying through detailed analysis of the MPI cases that many post-Campbell decisions are underpinned by family privacy, an ideology that recognises the importance of the family unit and its need for protection from unwarranted scrutiny and intrusion. This article argues that the tort’s widened focus is entirely justified; the jurisprudence properly acknowledges the important role the family plays in society, and the need to protect that family from intrusion.
Claire Bessant, The expanded scope of the tort of misuse of private information: a tort protecting individual and family privacy, Journal of Media Law. Published online: 2 April 2026.
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