Nick,
You may be intersted in the Canadian Supreme Court's decision in Aubry v
Edition Vice-Versa Inc, 1 SCR 591 (1998); ICHRL 63(1998), a case
concerning an action for damages against a photographer and a magazine for
the taking and publishing of a photograph of Pascale-Claude Aubry, aged
17, sitting in front of a building in Montreal. It was accepted the
picture had been taken and published without consent.
Aubry alleged publication of the photograph violated her right to privacy
under the Quebec Charter of Human Rights and Freedoms (s5). She also
claimed publication of the photograph on Les Edition's front cover had
resulted in her being teased at school . The Quebec Court allowed the
action awarding damages of CDN$2000 for injury to reputation and loss of
privacy, a decision upheld by the Quebec Court of Appeal.
The magazine, claiming infingement of their right to freedom of
expression, appealed to the Supreme Court of Canada which dismissed the
appeal.
The Canadian case gets a mention in the House of Lords judgment in
Campbell v Mirror Group Newspapers (2003) which recognises that everyone
is entitled to respect for their privacy. Significantly it seems this can
extend to pictures taken without consent in a public street.
rgds,
Kevin Broadfoot
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|