Privacy - The EU debate

After the Max Mosley privacy debate played out for the European Court, there has been some clarification on the status of privacy within the UK. The Court confirmed that journalists do not need to check with the subject of the story before publishing, although Mosley made a compelling case.

The fact that the damage has already been done post publication leaves the remedy for such a breach of privacy rather useless. Damages do not change public opinion and the injunction is too late to be effective.

Super-injunctions have been used, where the recipient of the injunction is also shrouded in secrecy but there was a growing feeling that these were only being used by the rich and famous. Financially less well off people's reputations' are clearly not as important to the justice system was the impression that the general public were receiving.

The fact that the European Court has now clarified the use of privacy laws, as far as compatibility with EU goes, has been a welcome addition to the landscape of debate surrounding the current privacy laws.