Legal Question in Technology Law in United Kingdom

mailing personal photographs

I have an ex boyfriend who is threatening to harm me and he has explicit pictures of me and is threatening to post them on the internet and has also started sending them out to people. Is there a human rights law with regard to this . Please Help Me

Asked on 12/12/02, 5:13 am

1 Answer from Attorneys

Richard Howard Richard Howard & CO

Re: mailing personal photographs

Depending on who took the photo's Copyright Law may prevent their publication.

In Naomi Campbell's recent case the Court of Appeal indicated that the Human Rights Act has had a significant impact on the law of confidentiality, and that when considering what information is confidential the courts must have regard to the Article 8 of the HRA which gives a right to respect for private and family life, and to the importance of freedom of expression.

The Court of Appeal also said that where information relates to an aspect of an individual´┐Żs private life which she does not choose to make public the unjustifiable publication of such information would be better described as breach of privacy rather than breach of confidence.

Unless there is some "public interest" point eg you or your ex are publicly known you may be entitled to an injunction restraining publication and delivery up of the photos and negatives on grounds of breach of copyright,privacy or confidentiality but these do depend on the detailed facts

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Answered on 12/12/02, 8:38 am

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