Stunt v Associated Newspapers Ltd [2017] EWHC 695 (QB) (06 April 2017)

Stunt v Associated Newspapers Ltd [2017] EWHC 695 (QB) (06 April 2017)

Section 32(4) of the Data Protection Act 1998 is not incompatible with Directive 95/46/EC or the Charter of Fundamental Rights of the European Union; it forms part of the legitimate balancing of privacy and freedom of expression rights, specifically to prevent prior restraint on journalistic publication, and applies only to Data Protection Act claims relating to unpublished material.

Citation
[2017] EWHC 695
Parties
Claimant: James Stunt; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
High Court Application (queen's Bench Division) / Application for Stay of Proceedings Under S.32(4) Data Protection Act 1998
Outcome
Application granted in part
Legal Topics
Data Protection Act 1998 S.32(4), EU Directive 95/46/ec, Freedom of Expression, Prior Restraint, Journalistic Exemptions, Charter of Fundamental Rights of the European Union
Media Law Data Protection Human Rights Data Protection Act 1998 S.32(4) EU Directive 95/46/ec Freedom of Expression Prior Restraint Journalistic Exemptions +1 more

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Parties

James Stunt

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

High Court Application (queen's Bench Division) / Application for Stay of Proceedings Under S.32(4) Data Protection Act 1998

Legal Issues

  1. 1 Whether s.32(4) of the Data Protection Act 1998 is incompatible with EU law, specifically Directive 95/46/EC and the Charter of Fundamental Rights of the European Union
  2. 2 Whether s.32(4) is a legitimate part of the balancing exercise between privacy rights and freedom of expression
  3. 3 Whether s.32(4) provides for a stay of all proceedings or only Data Protection Act claims

Ratio Decidendi

Section 32(4) of the Data Protection Act 1998 is not incompatible with Directive 95/46/EC or the Charter of Fundamental Rights of the European Union; it forms part of the legitimate balancing of privacy and freedom of expression rights, specifically to prevent prior restraint on journalistic publication, and applies only to Data Protection Act claims relating to unpublished material.

Court Disposition

Application granted in part

Orders

  • Stay of proceedings ordered only in respect of Data Protection Act claims relating to unpublished material under s.32(4)
  • Other claims may proceed at the court's discretion