... rights might find incidental protection by causes of action designed to protect other interests, but there is no distinct cause of action for 'invasion of privacy'.2 This point was graphically illustrated in the case of Kaye v Robertson.3 This case involved a well known actor who had undergone extensive surgery and was in hospital when he was photographed and allegedly interviewed by a tabloid newspaper. The journalist and the photographer for the newspaper ignored notices asking visitors to ask permission from a member of staff before visiting patients. The claimant relied on causes of action in libel, trespass to the person, passing-off and malicious falsehood. It was accepted by the claimant's lawyers that his rights could not be protected by an action for breach of privacy. This case is frequently cited in support of the proposition that the English law does not recognise a tort of privacy;4 however it has ...

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