header-logo header-logo

07 September 2012 / Michael Salter , Chris Bryden
Issue: 7528 / Categories: Features , Defamation
printer mail-detail

A high hurdle

rbs1_08_4

Protecting privacy under PHA 1997 can be a tough task, note Chris Bryden & Michael Salter

The Protection from Harassment Act 1997 (PHA 1997) is a versatile and wide-ranging statute that has come the full circle since its amendment by the coming into force of the Protection of Freedoms Act 2012 (PFA 2012). PHA 1997 was originally envisaged as an Act to prevent stalking and to punish stalkers. However, as the authors have previously discussed, by omitting reference specifically to “stalking” and instead focusing on a much broader offence of harassment (undefined, but “includes causing alarm or distress”) PHA 1997 is of much wider application. However, following lengthy Parliamentary consultation (which the authors were privileged to have been involved in) PFA 2012 (which received Royal Assent on 1 May 2012) introduced two new offences specifically of stalking. PHA 1997 remains one of the most flexible pieces of legislation of recent years.

Not always a remedy

However, PHA 1997, while able to be utilised in various circumstances, will not always provide

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll