Campbell v Mirror Group Newspapers [2002] EWHC 499 (QB) (27th March, 2002)

Campbell v Mirror Group Newspapers [2002] EWHC 499 (QB) (27th March, 2002)

The publication of details of the claimant’s attendance at Narcotics Anonymous meetings, including photographs, constituted a breach of confidence and a contravention of the Data Protection Act 1998. The information was private, bore the mark of confidentiality, and was imparted in circumstances importing an obligation of confidence. The defendant was not exempt under Section 32 of the Act post-publication. The claimant suffered detriment, and the balance between Articles 8 and 10 of the ECHR required protection of her privacy in these circumstances.

Citation
[2002] EWHC 499 (QB)
Parties
Claimant: Naomi Campbell; Defendant: Mirror Group Newspapers
Jurisdiction
England and Wales
Procedural Posture
Civil Claim for Breach of Confidence and Compensation Under the Data Protection Act 1998 / First Instance Judgment
Outcome
Judgment for the claimant
Legal Topics
Breach of Confidence, Sensitive Personal Data, Freedom of Expression, Right to Privacy, Public Interest Defence, Damages for Distress, Aggravated Damages
Media Law Privacy Law Data Protection Law Human Rights Law Breach of Confidence Sensitive Personal Data Freedom of Expression Right to Privacy +3 more

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Parties

Naomi Campbell

Claimant

Mirror Group Newspapers

Defendant

Procedural Posture

Civil Claim for Breach of Confidence and Compensation Under the Data Protection Act 1998 / First Instance Judgment

Legal Issues

  1. 1 Whether publication of details of claimant's attendance at Narcotics Anonymous meetings constituted a breach of confidence
  2. 2 Whether the published information was 'sensitive personal data' under the Data Protection Act 1998
  3. 3 Whether the defendant was exempt from liability under Section 32 of the Data Protection Act 1998

Ratio Decidendi

The publication of details of the claimant’s attendance at Narcotics Anonymous meetings, including photographs, constituted a breach of confidence and a contravention of the Data Protection Act 1998. The information was private, bore the mark of confidentiality, and was imparted in circumstances importing an obligation of confidence. The defendant was not exempt under Section 32 of the Act post-publication. The claimant suffered detriment, and the balance between Articles 8 and 10 of the ECHR required protection of her privacy in these circumstances.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay damages for breach of confidence and compensation under Section 13 of the Data Protection Act 1998
  • Defendant to pay aggravated damages for distress caused by the publications