Rio goes on the front foot to protect his privacy.
A story published on the Sunday Mirror’s website during April over 5 days is now at the centre of a privacy dispute as England and Red, Rio Ferdinand is launching a privacy action over a kiss-and-tell story. Rio claims the story is a misuse of private information. The newspaper claims it was a public interest story. Rio’s legal team claim the publication was a misuse of private information. The case is due to last three days and Mr Justice Nicol must decide whether the Mirror can rely on Article 10 of the Human Rights Act or whether Rio’s privacy rights, under article 8, were unfairly affected.
A decision ought to be reached before the end of the week. This case is the latest in a long line of privacy related cases which sooner or later will result in Parliament becoming involved by passing some form of Privacy law via statute. At the moment there is no law of Privacy in the UK. Any such law is based on the common law and how the UK courts interpret the Human Rights Act. The leading case concerning privacy/media is the House of Lords decision in Campbell v Mirror Group Newspapers Ltd ( UKHL 22, 6 May 2004), which established that Campbell had a right of action in respect of the disclosure of private information. Campbell issued a claim for both breach of confidence and breach of the Data Protection Act 1998 (‘DPA’) against the Daily Mirror newspaper over the publication of a photograph leaving Narcotics Anonymous. The House of Lords reversed the Court of Appeal’s decision and found in Campbell’s favour.
If you’re interested in Data Protection and Privacy matters and would like to find out more, please call Michael Coyle on 0800 0862 0157 or email firstname.lastname@example.org for a free no obligation consultation.