If this had happened in Ireland, would the photos in this story (hat tip: Piste Off: Man Left Dangling With Full “Northern Exposure” at Ski Resort) be actionable having regard to Sinnott v Carlow Nationalist (discussed here, here, here, here and here), and if so, should they be?
Two thoughts. The unfortunate skier doesn’t seem to be named or have his face visible in your links and without identification a Sinnott type claim would seem to fail. If he were identifiable then this is if anything a much stronger claim than Sinnott – this individual didn’t set out to draw attention to himself by competing in a public arena and any publication of the wardrobe malfunction would be intentional rather than negligent.
I entirely agree that this would be a stronger case than Sinnott if he were identified. But ought this to be a privacy claim? I’m still not convinced about that.