JQL v NTP [2020] EWHC 1349 (QB) (27 May 2020)

JQL v NTP [2020] EWHC 1349 (QB) (27 May 2020)

JQL had a reasonable expectation of privacy in respect of her mental health and self-harming history, which was not widely known within her family or the public. NTP was told this information in confidence by the Mother and disclosed it on Facebook without lawful justification. The Facebook post identified JQL as the subject of the mental health and self-harm reference to an ordinary reader. The disclosure constituted a misuse of private information and a breach of confidence. There was substantial publication to family members, causing distress to JQL. Damages and an injunction were warranted.

Citation
[2020] EWHC 1349
Parties
Claimant: JQL; Defendant: NTP
Jurisdiction
England and Wales
Judgment Date
27 May 2020
Procedural Posture
Civil Misuse of Private Information and Breach of Confidence / High Court Trial Judgment
Outcome
Claim allowed
Legal Topics
Misuse of Private Information, Breach of Confidence, Social Media Publication, Damages, Injunctions
Privacy Law Media Law Tort Law Misuse of Private Information Breach of Confidence Social Media Publication Damages Injunctions

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Parties

JQL

Claimant

NTP

Defendant

Procedural Posture

Civil Misuse of Private Information and Breach of Confidence / High Court Trial Judgment

Legal Issues

  1. 1 Whether the Facebook post by NTP disclosed private information about JQL's mental health and self-harming
  2. 2 Whether the information was confidential and disclosed without consent
  3. 3 Whether the disclosure was actionable as misuse of private information and/or breach of confidence

Ratio Decidendi

JQL had a reasonable expectation of privacy in respect of her mental health and self-harming history, which was not widely known within her family or the public. NTP was told this information in confidence by the Mother and disclosed it on Facebook without lawful justification. The Facebook post identified JQL as the subject of the mental health and self-harm reference to an ordinary reader. The disclosure constituted a misuse of private information and a breach of confidence. There was substantial publication to family members, causing distress to JQL. Damages and an injunction were warranted.

Court Disposition

Claim allowed

Orders

  • NTP to pay damages to JQL for misuse of private information and breach of confidence
  • NTP restrained by injunction from further disclosing or publishing information about JQL's mental health or self-harming