header-logo header-logo

Non-celebrities affirm their privacy rights

21 October 2009
Issue: 7390 / Categories: Legal News
printer mail-detail

Lawyers increasingly used by private sector organisations in civil actions

Privacy arguments are no longer the preserve of celebrities and are being used in new and unexpected areas of law.

The public sector, in particular, faces increasing numbers of privacy-based legal challenges.

The traditional legal battle between famous individuals and the media made up only two out of 28 reported privacy cases in the year leading up to 31 May 2009, according to research by Sweet & Maxwell.

This is partly because privacy arguments are increasingly being used against the media to prevent publication without a full court hearing.
Jaron Lewis, media partner at Reynolds Porter Chamberlain LLP, says: “Public figures are making more use of interim injunctions to stop stories not on the basis that the reporting is inaccurate but purely on the basis that the reporting infringes their privacy.

“These emergency injunctions can be imposed on the media at short notice, perhaps late at night or over the weekend, often by phone to a judge. The problem is that the court system doesn’t properly track these emergency injunctions so it is hard to quantify the problem.”

Lawyers are also more likely to raise privacy issues in civil cases brought against public sector organisations.

One recent high-profile example is the case of Purdy v DPP in which Debbie Purdy successfully argued that the lack of clarity on assisted suicide was a violation of her right to lead a private life.

Recent challenges to public sector organisations include: a man who claimed that a ban (for safety reasons) on him having an open-air funeral pyre when he died would be an invasion into his rights to a private life; and a single mother who claimed that the Child Support Agency was so inefficient in enforcing payment from the estranged father that the right of her and her children to lead a private life was breached.

Jonathan Cooper, of Doughty Street Chambers, says: “The wider use of privacy arguments in the UK courts is really the UK playing catch up with other countries where the concept of privacy has been taken more seriously.” He adds that the absence of privacy rights has been a defect of UK law.

Issue: 7390 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll