If the BNP used your image on their promotional material, you may feel violated – but you have no legal recourse in English law. This strange situation is the result of the UK having no ‘misappropriation of image’ action, something common in other jurisdictions like the US. The US action of ‘misappropriation of likeness’ was [...]
Archive for the ‘Right to privacy’ Category
March 3, 2011
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The right, or lack of right, to image in UK law
By Leon Glenister in Right to privacy
February 26, 2011
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Article on the right to personality published in the Guardian
By Law Think in Right to privacyIn case you didn’t catch it, on Wednesday The Guardian published an article by Law Think’s Leon Glenister entitled ‘Crisis of identity: why English law needs to protect our personalities’. It examines how UK law protects personality, focussing on where artists use personality for inspiration for novels and films. It can be accessed here.
February 17, 2011
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Mosley’s law and protecting celebrities from “idle gossip”
By Leon Glenister in Freedom of expression, Right to privacyIn their seminal work, Warren and Brandeis, two celebrated US Supreme Court judges, warned against “idle gossip” procured only by intrusion into the domestic circle. They warned against its consequences – “harm beyond mere bodily injury” and a lowering of social morality. Over a century later, this argument still rings true in our society with [...]
January 28, 2011
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JR 27′s Application, DNA samples, fingerprints and how the courts are not giving effect to the Human Rights Act
By Leon Glenister in Right to privacyLast week the Northern Irish High Court rejected a claim by an individual (anonymity granted due to age) to compel the Chief Constable to remove his DNA samples, fingerprints and photographs from the police database when prosecution against him was dropped. It is the DNA samples and fingerprints that will be considered in this article. [...]
January 27, 2011
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Losing Control…Orders? Theresa May, Lord Macdonald and TPIMs
By Yaaser Vanderman in Right to fair trial, Right to liberty, Right to privacyPerhaps the most credible element of Theresa May’s meretricious review into ‘Counter-terrorism and Security Powers’ is the critique delivered by the forthright human rights advocate Lord Macdonald QC. Nonetheless, for anyone who thought there might be even the slightest chance of control orders being abolished, ‘Terrorism Prevention and Investigation Measures’ (TPIM) are a mighty disappointment. [...]
January 22, 2011
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Revisiting euthanasia and the limits of rights
By Leon Glenister in Right to privacyRound two of the euthanasia debate in the European Court has just concluded: Haas v Switzerland. Just as the court decided in the first case of Pretty v UK, a state’s failure to help an individual kill themselves does not breach their article 8 rights. In such a debated area as euthanasia, the only option [...]
July 14, 2010
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The worrying decision of Purdy v DPP: euthanasia and the limits of rights
By Leon Glenister in Right to privacyEuthanasia has been an ongoing question for the courts over the past few years. In the most recent case of Purdy v DPP the Supreme Court ordered the Director of Public Prosecutions to provide guidance on the circumstances in which he would prosecute for assisted suicide. This case is criticised for being both unconstitutional and [...]
June 28, 2010
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The perennial question of privacy in the law
By Leon Glenister in Right to privacyI recently visited the Voyeurism exhibition on display at the Tate Modern. The first image to be seen is a huge photo of Joe Average walking down the street in New York City. The interesting part is that the photo was taken without his knowledge. It brought up in my mind a question that has [...]
