A constant theme of the recent press discussion of “sportsman’s privacy injunctions” has been the suggestion that judges have created a privacy law by stealth and that this raises serious questions about democratic accountability.   I have already commented on some of the issues arising from this coverage but it is worth looking at the background to the development of the modern law of privacy in order properly to evaluate the charge of “development by stealth”.   This involves considering the development of the law of confidence by the common and the approach of successive Governments towards privacy, including during the passage of the Human Rights Act.  Continue reading