... not recognise a tort of privacy;4 however it has also been pointed out5 that the action was not brought in confidence, and no cases derived from the law of confidence were cited in court.6 Although the Court of appeal refused his application, it noted that the case: "...highlighted, yet again, the failure of both the common law and of statute to protect in an effective way the personal privacy of individual citizens."7 The protection of privacy was also referred to in the case of R v Khan8. This case involved the admissibility of evidence secured through the use of concealed police surveillance equipment in relation to the defendant's suspected heroin importation, the House of Lords noted that the Article 8 (ECHR) right to privacy would only be of relevance in order to assist the construction of the law in a case of ambiguity or doubt. The House of Lords did ...

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