The applicant sought damages for the defendant having infringed her privacy in several ways, including under the 1998 Act. The defendant argued that she had invited publicity and had misled the public as to her drug problem. A photograch had been taken as she left a drug rehabilitation group meeting.
Held: The fact that she was receiving treatment for her addiction was sensitive personal information under the Data Protection Act, and had the mark and badge of confidentiality. The three requirements in the first data protection principle under section 4 of the 1998 Act were cumulative. Compensation was governed by section 13, and ‘damage’ in sections 13(1) and 13(2)(a) meant special or financial damages not distress in the shape of injury to feelings. The defendant had shown a proper public interest in disclosing her addiction, but not the nature and occasion of her treatment.
Judges:
The Hon Mr Justice Morland
Citations:
Times 29-Mar-2002, Gazette 10-May-2002, [2002] EWHC 499 (QB), [2003] QB 633
Links:
Statutes:
Data Protection Act 1998 4 13 Sch 3, European Convention on Human Rights 8 10.2
Jurisdiction:
England and Wales
Cited by:
Appeal from – Campbell v Mirror Group Newspapers plc CA 14-Oct-2002
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic.
Held: The claimant had courted publicity, and denied an involvement in drugs. The defence . .
Approved – Johnson v The Medical Defence Union Ltd ChD 3-Mar-2006
The claimant sought disclosure under the 1998 Act by the defendant of records held by them. The respondent said that the information they held did not amount to data under the Act.
Held: The information was contained in different formats, on . .
At First Instance – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
At First Instance – MGN Limited v United Kingdom ECHR 24-Oct-2008
The Mirror had published a picture of Naomi Campbell leaving a rehabilitation clinic. They appealed a decision in which having been found to have infringed her privacy by a covertly taken photograph, they had then been ordered to pay very . .
At First Instance – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Lists of cited by and citing cases may be incomplete.
Media, Information, Human Rights
Updated: 15 August 2022; Ref: scu.170154