PRIVACY
Artists, Broadcasting

Model Naomi Campbell brought her action against MGM after the Daily Mirror revealed that she had been attending Narcotics Anonymous. Her claim included actions under the right to privacy afforded by Article 8 of the Human Rights Act 1998, the law of confidence and under the Data Protection Act 1998. The data in question, that of her addiction, was deemed to be sensitive as it related to her physical and mental wellbeing and was therefore within the DPA. Campbell claimed compensation under Section 13 for unauthorised publication including resulting distress (13[2]). Campbell won limited damages at first instance in the High Court. However, as it became clear that Campbell had lied about her addiction on previous occasions the Court of Appeal ruled that MGM had a valid defence under S32 where publication is justified within the public interest with regards to the Data Protection Act. The case has now reached the House of Lords where it is being argued that whilst The Mirror was entitled to publish the fact that Campbell was an addict, details of non-medical treatment and a photograph of her leaving Narcotics Anonymous were a breach of confidence and an invasion of privacy.