The Doctrine of Confidential Information and Privacy in United Kingdom and Sri Lanka

Abstract

This paper aims to discuss whether the doctrine of confidential information and privacy in Sri Lanka (SL) & United Kingdom (UK) adequately safeguards individuals. European Convention on Human Rights Article 8 gives effect to the “right to private and family life” with the objective of protecting individuals from unsolicited interference and disturbance to their private life. However, UK who has ratified the ECHR appears to be unenthusiastic and lethargic in incorporating “right to privacy” into their own domestic law, thus the courts are left to interpret it in a favourable manner. Similarly, SL has failed to recognize the “right to privacy” within the fundamental rights chapter of the SL Constitution, even though it has ratified the International Covenant on Civil and Political Rights (ICCPR) which provides for the right to privacy in Article 17. However, there are cases that demonstrate that the courts have made effort to acknowledge the concept of privacy, granted that the focus has only been in a rather narrow section of the right to privacy.