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Few can doubt that the UK Human Rights Act 1998, in incorporating the European Convention on Human Rights (ECHR) and in particular the guarantee of the right to privacy in Article 8 of the Convention into UK domestic law, and also in requiring the judiciary in s. 6 to have regard to the Convention in developing the common law, is having a considerable effect on the developing protection of human privacy in English common law. This was predicted when the Human Rights Bill was going through its various parliamentary phases by many, including the Lord Chancellor, who described the judges "as pen-poised . . . to develop a right of privacy."' Also predicted was the way the expansion was likely to come about: incrementally and, initially at least, by means of expanding established torts.2 The early judicial decisions that have been handed down since the coming into force in October 2000 of the 1998 Act confirm the above predictions. Arguably, they also display the defects of dealing with new societal problems by putting old torts on the Procrustean bed and stretching them out of shape to meet new requirements. Those who share this view may ask why the richer experience of other systems, in particular that of Germany, France and the USA,

Concerns and Ideas about the Developing English Law of Privacy (And How Knowledge of Foreign Law Might Be of Help)