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 EU; it forms part of the legitimate balancing of privacy and freedom of expression rights within the margin of appreciation afforded to the UK Parliament, and applies only to DPA claims relating to unpublished material.

Citation
[2017] EWHC 695 (QB)
Parties
Claimant: James Stunt; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
High Court Civil Claim / Application for Stay of Proceedings Under S.32(4) Data Protection Act 1998
Outcome
Application granted in part
Legal Topics
Section 32(4) Data Protection Act 1998, Compatibility With EU Law, Freedom of Expression, Prior Restraint, Journalistic Exemption, Directive 95/46/ec, Charter of Fundamental Rights of the EU
Data Protection Media Law Human Rights Section 32(4) Data Protection Act 1998 Compatibility With EU Law Freedom of Expression Prior Restraint Journalistic Exemption +2 more

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Parties

James Stunt

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

High Court Civil Claim / Application for Stay of Proceedings Under S.32(4) Data Protection Act 1998

Legal Issues

  1. 1 Whether section 32(4) of the Data Protection Act 1998 is incompatible with Directive 95/46/EC and/or the Charter of Fundamental Rights of the European Union
  2. 2 Whether section 32(4) is part of the legitimate balancing of privacy and freedom of expression rights
  3. 3 Whether the stay under s.32(4) should apply to all proceedings or only to DPA claims relating to unpublished material

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 EU; it forms part of the legitimate balancing of privacy and freedom of expression rights within the margin of appreciation afforded to the UK Parliament, and applies only to DPA claims relating to unpublished material.

Court Disposition

Application granted in part

Orders

  • Stay granted only in respect of DPA claims relating to unpublished material under s.32(4) Data Protection Act 1998; other claims may proceed.