Thursday, 24 October 2019
Development of UK Privacy Law
Law in Action
Some examples:
- 2004: Slim majority of HofL a rmed a right to privacy for Naomi Campbell
(model) in a news article published by the Daily Mirror.
- 2004: Princess Caroline of Monaco won a case at the European Court of Human
Rights (ECtHR) on the nasal of taking her picture in a public place
Legal struggles over the boundary of Privacy Law:
- 2007: J.K. Rowling sued but was initially unsuccessful in a privacy action against
photos taken of her and her partner & children in Edinburgh - Won the appeal
- (Murray v Big Pictures (UK) Ltd [2008])
Developments beyond media celebrity:
- Wainwright v The UK
- Mrs W’s son was strip-searched when visiting her other son in prison. Son
had learning di culties.
- Law Lords: no privacy law in Britain and it is a matter of Parl to enact one.
ECtHR court ruling:
- Sept 2006: ECtHR ruled Mrs W & son - experienced a violation of ECHR article 8
Article 8: Right to Privacy
- 1) Everyone has the right to respect for his private and family life, his home and
his correspondence
- 2) There shall be no interference by a public authority with the exercise of this
right except such as in accordance with the law and this is necessary in a
democratic society in interest of national security, public safety or prevention of
disorder & crime, protection of health or morals, or the protection of the rights of
freedoms of others.
1
ffi ffi
Development of UK Privacy Law
Law in Action
Some examples:
- 2004: Slim majority of HofL a rmed a right to privacy for Naomi Campbell
(model) in a news article published by the Daily Mirror.
- 2004: Princess Caroline of Monaco won a case at the European Court of Human
Rights (ECtHR) on the nasal of taking her picture in a public place
Legal struggles over the boundary of Privacy Law:
- 2007: J.K. Rowling sued but was initially unsuccessful in a privacy action against
photos taken of her and her partner & children in Edinburgh - Won the appeal
- (Murray v Big Pictures (UK) Ltd [2008])
Developments beyond media celebrity:
- Wainwright v The UK
- Mrs W’s son was strip-searched when visiting her other son in prison. Son
had learning di culties.
- Law Lords: no privacy law in Britain and it is a matter of Parl to enact one.
ECtHR court ruling:
- Sept 2006: ECtHR ruled Mrs W & son - experienced a violation of ECHR article 8
Article 8: Right to Privacy
- 1) Everyone has the right to respect for his private and family life, his home and
his correspondence
- 2) There shall be no interference by a public authority with the exercise of this
right except such as in accordance with the law and this is necessary in a
democratic society in interest of national security, public safety or prevention of
disorder & crime, protection of health or morals, or the protection of the rights of
freedoms of others.
1
ffi ffi
