1. Celebrities, the Media and the Personal Data Privacy Wars
Dr. Robin Callender Smith
Professor of Media Law
QMUL’s Centre for Commercial Law Studies

2. ….from Sir John Gresham, Gresham’s School, Holt, 1555 ->
to Sir Thomas Gresham, Gresham College, >

3. ….or (as Prince Edward might have said) Are those paparazzi I see hiding behind my son?

4. Celebrity

5. Privacy Something is private
if a person has a desire for privacy in relation to it
when a person wishes to be free from outside access when attending or undertaking it
Information is private
if the individual does not want people to know about it

6. Proportionality In re S (a Child FS) [2004] Lord Steyn
“First, neither article [8 or 10] has such precedence over the other.
Secondly, where the values under the two articles are in conflict, an intense focus on the comparative importance of the specific rights being claimed in the individual case is necessary.
Thirdly, the justifications for interfering with or restricting each right must be taken into account.
Finally, the proportionality test must be applied to each. For convenience I will call this the ultimate balancing test. This is how I will approach the present case.”

7. The Streisand Effect

8. Data Protection Act
Personal data = any data that can be used to identify a living individual.
Applies to data which is held on computers or in a relevant filing system.
Create rights for those who have their data stored, and responsibilities for those who store, process or transmit such data.
The person who has their data processed has the right to
- See it
- Correct it
- Restrict any damaging or distressing uses

9. Data Protection Principles
Data Protection Act
Data Protection Principles
Personal data shall be processed fairly and lawfully and shall not be processed unless:
Obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
Personal data shall be accurate and, where necessary, kept up to date.
Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

10. Section 32 DPA: “Journalism, Art and Literature” Exemption
Data Protection Act
Section 32 DPA: “Journalism, Art and Literature” Exemption
Dis-applies the DPA Principles if the “data controller” (editor) reasonably believes that the processing and publication would be in the public interest.

11. Douglas v Hello! Ltd [2001]: £50 DPA damages

12. Campbell v MGN [2004]: “widespread publication of the photograph of someone which reveals him to be in a situation of humiliation or severe embarrassment, even if taken in a public place, maybe an infringement of the privacy of his personal information.” £50 DPA damages.

13. Mosley v News Group Newspapers [2008]: £60,000 Misuse of Private Information damages

14. A celebrity’s lawyer writes….
“Our client requests that you cease processing, or processing for a specified purpose or in a specified manner, any personal data concerning him and his personal relationships on the grounds that the processing may cause substantial damage or substantial distress to him and that such damage or distress would be or is unwarranted in all the circumstances and would prejudice the rights and freedoms or his legitimate interests. Having given this notice under section 10 of the Data Protection Act (1998) our client reserves the right to apply under section 10 (4) of the Act to a court in respect of any failure on your part to comply with this notice for an order that steps be taken to comply with it.”

15. 2014….and the “Data Protection Trio”
Steinmetz v Global Witness
Google Spain v AEPD and Mario Costeja González
Hegglin v Persons Unknown & Google

16. Steinmetz v Global Witness

17. Google Spain v AEPD & Mario Costeja González

18. Hegglin v Persons Unknown & Google

19. 2015….and the “Privacy Quartet”
Google v Vidal-Hall
Mosley v Google
Weller v Associated Newspapers
Gulati v Mirror Group Newspapers

20. Google v Vidal-Hall

21. Mosley v Google

22. Weller v Associated Newspapers

23. Gulati + 7 v Mirror Group Newspapers

25. 2016….The Supremes and the EU Data Protection Regulation
Google v Vidal-Hall on Section 13 (2) DPA
Associated Newspapers v Weller on images of children of celebrities taken in public places
MGN v Gulati and others on quantum of damages for unlawfully obtained private information
EUDPR….finally signed, sealed and delivered?

26. …. and thank you. r.callendersmith@qmul.ac.uk
Closing Comments
…. and thank you.