Technology & IP articles

Budget Summary 2010 | How it will affect your business
24 June 2010

Managing your reputation in cyberspace
31 May 2010

New penalties for serious Data Protection Breaches
3 April 2010

Budget Summary 2010 | For business clients
26 March 2010

Fines for breaches of the Data Protection principles | Coming soon
6 January 2010

Co-Writer of 1960s hit wins share of royalties
11 August 2009

Expansion of privacy rights by the European Court

17 February 2009



The law of privacy has recently been expanded by a decision delivered in the European Court of Human Rights ("ECHR").

The case revolved around the photograph taken of a newborn baby, Anastasios Reklos, who was put into a sterile unit when born. The hospital operated a commercial service, which photographed newborn babies, and as a result his photograph was taken without his parents consent.

On discovering the intrusion into the sterile unit by the photographer for the purposes of taking the photograph, his parents objected and asked to be provided with the negatives, which the hospital refused to do. The Greek Courts refused to hear the case.

The parents brought the case to the ECHR, who decided that the taking of the photograph without their permission amounted to a violation of their child's right of privacy.

In an ECHR press release, it was confirmed "The Court reiterated that the concept of private life was a broad one which encompassed the right to identity…. It stressed that a person's image revealed his or her unique characteristics and constituted one of the chief attributes of his or her personality".

In reaching its decision, the Court considered Article 8 of the European Convention on Human Rights which guarantees a child's right to private life, and determined this had been breached.

This case is a further development on other cases involving the publication of images and issue of privacy. Not only had the photograph not been published in this instance, but also (unlike the more high profile recent UK decisions, such as Max Mosley, Michael Douglas and Catherine Zeta-Jones), did not involve a celebrity and the use of the publication for commercial gain by newspapers or paparazzi.

UK Courts will have to take this decision into account if similar facts are brought before it.

Rebecca Samuel is an associate for Buckinghamshire law firm B P Collins. As a member of the Technology & IP team, she is able to work with businesses to protect all of the IP assets in their portfolio, as well as enforce and defend their IP rights. Contact Rebecca on 01753 279023 or technology@bpcollins.co.uk.