Abstract

ABSTRACTPhotographs published in the Mail Online of Musician Paul Weller and his young children taken in the street in California were subject to a misuse of private information and breach of Data Protection Act claim against Associated Newspapers Limited. In the Court of Appeal's judgment a number of matters were given consideration, including the application of Californian law, where it was lawful to both take and publish the photographs; whether the claimants had a reasonable expectation of privacy; the relevance of the status of the child and the extent to which matters such as consent play a role. In outlining these issues the case emphasises a need for more clarity on both the taking and publishing of photographs – in relation to the famous and their children, and to children in general.

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