Feeds

Mosley asks Europe to change UK privacy laws

'I should have been told first!'

SANS - Survey on application security programs

Motor racing chief Max Mosley has applied to the European Court of Human Rights in an attempt to reform the UK's privacy laws. He wants editors to be forced to tell people when they are about to publish stories about them.

Mosley won the highest-ever UK privacy payout when the News of the World was ordered to pay £60,000 in damages over a story and video it published detailing an orgy in which Mosley took part.

Mosley has said, though, that the payout is not the right form of redress, and that he should have had the right to try to stop the story from being printed in the first place.

Mosley is the president of the body which governs Formula One car racing. He is the son of Oswald Mosley, the leader of the British fascists in the 1930s and 1940s. The News of the World printed details and published an online video of an orgy which they said had Nazi overtones.

The High Court found that the Nazi link had not been proven and that the publication violated Mosley's privacy. Though there has traditionally been no British right to privacy it has begun to be relied on in courts because of Article Eight of the European Convention on Human Rights, which became law in the UK through the Human Rights Act.

Article Eight guarantees every citizen the right to respect for their family and private life. It is this Article on which Mosley is basing his European action.

"The starting point for this application is that Article 8 of the European Convention on Human Rights provides those in the UK with a right to respect for their privacy," said Mosley's lawyer Dominic Crossley of Steeles Law in a statement. "Following the publication that Sunday, the only legal remedy available to Mr Mosley in the UK was to bring a claim for damages i.e. financial compensation."

"The only effective remedy would have been to prevent the publication in the first place by means of an injunction; but because he did not know about the article beforehand, the opportunity of an injunction was not open to him," said Crossley.

Mosley wants the Strasbourg-based European Court of Human Rights to order the UK to force editors to tell subjects of stories what is about to be published. He claims that this is the only way that a right to privacy can be enforceable.

"The current position in the UK is that, although we all have a right to privacy, it is entirely up to the editor of a newspaper whether or not we are able to exercise that right in any effective or meaningful way," said Crossley's statement. "The editor of a newspaper, acting alone, can take a decision to publish material which may ruin a life or destroy a family, safe in the knowledge that even if publication is later held to be unlawful, there will be no significant consequences for him or his employers."

"Without a legal or regulatory duty upon newspapers to notify an individual before the publication of private information about them, the UK has no real or effective protection in place for the right of privacy, something which it is obliged to do under the Human Rights Act," said Crossley. "Whilst we all have a theoretical right to privacy this right can be and is violated before we can do anything about it. Mr Mosley’s experience is testament to this."

Mosley is not seeking any increase in the damages paid to him and says that those damages have been donated to charity.

Copyright © 2008, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

High performance access to file storage

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.