Cases

Murray v Big Pictures (UK) Ltd (CA)

Held

Allowing the appeal, reinstating C's claims and directing a trial:

The "question of whether there is a reasonable expectation of privacy is a broad one, which takes account of all the circumstances of the case. They include the attributes of the claimant, the nature of the activity in which the claimant was engaged, the place at which it was happening, the nature and purpose of the intrusion, the absence of consent and whether it was known or could be inferred, the effect on the claimant and the circumstances in which and the purposes for which the information came into the hands of the publisher". Applying this test, "it is at least arguable that David had a reasonable expectation of privacy. The fact that he is a child is in our view of greater significance than the judge thought". Since the striking out of the DPA 1998 claim was based on the erroneous conclusion that C's article 8 rights were not arguably engaged, it should be reinstated and tried.

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