Art 8 v Art 10

Weller and others v Associated Newspapers Ltd [2015] EWCA Civ 1176, [2015] All ER (D) 194 (Nov) NLJ 4 December

The Court of Appeal dismissed the defendant’s appeal against, among other things, the finding that it was liable in misuse of private information and/or for breach of the Data Protection Act 1998. The judge had been right to hold that the claimants, three children of a well-known musician, had had a reasonable expectation in the privacy of the photographs and that their rights under art 8 of the European Convention on Human Rights had outweighed the defendant’s right under art 10 of the Convention.