ABSTRACT
Despite recognising privacy as a value underlying various rules of tort law, English law has not developed a general tort of invasion of privacy. Since the early 2000s, however, the common law has evolved substantially to protect particular privacy interests through the tort of ‘misuse of private information’ (‘MPI’). Although the boundaries of liability under MPI have received extensive attention, remedial issues remain comparatively underexplored. In particular, little is known about the sums awarded as compensation for non-pecuniary loss in MPI claims, the types of damages available in such actions and the role of damages for ‘loss of control of private information’. This article addresses these gaps. It demonstrates that MPI damages have been moderate and consistent. However, at least two issues remain unresolved: First, it is unclear whether disgorgement of profits and punishment are available remedial responses to a privacy infringement. Second, awards for loss of control of private information have been commonly made, but seldom explained. It is argued that the most convincing justification for such damages is that they compensate for loss of autonomy. This rationale coheres with numerous first instance decisions and, in the interest of promoting greater certainty, it would be desirable for appellate courts to endorse it authoritatively.
Eleni Katsampouka, Damages for misuse of private information, Journal of Media Law. Published online: 13 July 2026.
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