List members who were discussing the issue of whether photographs were
"personal data" may be interested in the following snippet from a news
article (copyright PA News):
A disabled child whose photograph was used without her consent to illustrate
local authority brochures about Aids and youth crime today accepted £5,000
damages in a groundbreaking court action.
The action against Newham for breach of confidence, calling on the Data
Protection Act and the 1998 Human Rights Act, is one of the first to come to
trial.
Approving the settlement, the judge said it was "groundbreaking litigation"
with no guidelines for appropriate compensation. "Clearly there was no
commercial exploitation but there was an error aggravated by repetition. In
the circumstances, I'm persuaded that the sum of £5,000 is an appropriate
award."
[full article available on request]
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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