Stunt v Associated Newspapers Ltd

Stunt v Associated Newspapers Ltd

Section 32(4) of the Data Protection Act 1998 is not inconsistent or incompatible with Article 9 of Directive 95/46/EC or the Charter; it forms part of the legitimate balancing of privacy and freedom of expression within the margin of appreciation afforded to the UK Parliament, specifically to prevent chilling effects of pre-publication restraint in journalism.

Parties
Claimant: James Stunt; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Civil / Ruling on Application for Stay of Proceedings
Outcome
Application for stay of proceedings under section 32(4) granted in part.
Legal Topics
Compatibility of Section 32(4) Data Protection Act 1998 With EU Law, Freedom of Expression Vs Privacy, Prior Restraint in Journalism
Data Protection Media Law Human Rights Compatibility of Section 32(4) Data Protection Act 1998 With EU Law Freedom of Expression Vs Privacy Prior Restraint in Journalism

Case Brief

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Parties

James Stunt

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil / Ruling on Application for Stay of Proceedings

Legal Issues

  1. 1 Is section 32(4) of the Data Protection Act 1998 incompatible with EU law, specifically Directive 95/46/EC and the Charter of Fundamental Rights of the European Union?
  2. 2 Does section 32(4) constitute a legitimate balancing of privacy and freedom of expression rights?
  3. 3 Should the court disregard section 32(4) under the Marleasing or Benkharbouche principles?

Ratio Decidendi

Section 32(4) of the Data Protection Act 1998 is not inconsistent or incompatible with Article 9 of Directive 95/46/EC or the Charter; it forms part of the legitimate balancing of privacy and freedom of expression within the margin of appreciation afforded to the UK Parliament, specifically to prevent chilling effects of pre-publication restraint in journalism.

Court Disposition

Application for stay of proceedings under section 32(4) granted in part.

Orders

  • Stay imposed only on Data Protection Act claims relating to unpublished material; other claims to proceed as directed by the court.