Cases

Douglas v Hello! Ltd (No.5)

Held

Applying the three elements laid down in Coco v Clark [1969] RPC 41, the Claimants succeeded in their claim for breach of confidence. This claim adequately protected the Claimants' Art 8 rights, so there was no need to address the question of any breach of privacy. There was also a breach of the Data Protection Act, as the Act applied to the publication of the photographs, the s.32 journalistic purposes exemption did not apply and the processing was not done "fairly and lawfully". However, the damage to the Claimants was not by reason of a contravention of the Act and so damages under this head would be nominal.

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