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?
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In Atherton v DPP [2006] 1 IR 245, [2005] IEHC 429 (21 December 2005) Peart J held that a video recording of a hedge visible from the public road – and thus of the accused causing criminal damage to the hedge – did not constitute an unconstitutional invasion of the accused’s right to privacy. On the other hand, in Sinnott v Carlow Nationalist (High Court, unreported, 30 July 2008, Budd J) (already discussed on this site: here, here, here and here), Budd J held that the publication of a photograph of the plaintiff playing Gaelic football in which his private parts were clearly visible constituted a breach of his constitutional right to privacy. It is therefore reasonably clear that – as Atherton illustrates – most matters which occur in a public place will not, for that reason, attract the protection of the constitutional right of privacy; but that – as Sinnott illustrates – some matters will.
Although Sinnott may very well be exceptional, it demonstrates that, as a matter of Irish law, it is possible to assert a right of privacy in a public place. Although it may also be exceptional, the converse may also be true, that a right of privacy may be lost even in a private place.…
From today’s Irish Independent Politicians, not public, want laws on privacy
Politicians are ‘crusading’ for stricter privacy laws despite just one-in-five formal complaints coming from the public. A survey of Irish journalism reveals that two thirds of privacy complaints against newspapers and broadcasters come from public figures, particularly politicians, with only one fifth from private citizens. …
From today’s Irish Times Privacy issue tops media complaints list, study shows
News reporting in the Irish media is virtually free of gratuitous racism, a symposium on ethics and journalism heard yesterday. Journalist Dr Simon Bourke told the conference at Dublin City University that no complaint of racism had ever been upheld by the Press Council or Broadcasting Complaints Commission … Dr Bourke presented to yesterday’s meeting his analysis of ethical controversies involving the media since 1973. Allegations of invasion of privacy emerged as the single largest issue, accounting for 71 of the 140 cases identified. …
From today’s Irish Times ‘We know dirt sells,’ says owner of photo agency
“We just want to make as much money as possible, we know dirt sells,” Ray Senior, owner of photo agency VIP Ireland, told the symposium. His agency pursues photographs of celebrities.
From the DCU news website yesterday Ethics and Journalism – symposium hosted by DCU School of Communications
…DCU’s School of Communications today hosted a symposium on the topic of ‘Ethics and Journalism’ which was attended by academics as well as print and broadcast journalists.
From the BBC (hat tip also to Canadian Privacy Law Blog; advance warning from The Register):
Google is to halve the amount of time it stores users’ personal search data in response to continued pressure from the EU over its privacy policy. The search giant has said it will anonymise identifiable IP addresses on its server logs after nine months. Google said respecting users’ privacy is “fundamental to earning and keeping their trust”.
From the Official Google blog (cross-posted on the Google Public Policy Blog): …
The two earlier posts (here and here) to which this is the third related to harmful use of the internet, especially relating to children; while another series of posts (here, here and here) related to the regulation of video games. In the same vein (but coming to it late – apologies) is a report published last month by the UK’s House of Commons Select Committee on Culture Media and Sport, entitled Harmful content on the Internet and in video games. There is a balanced comment by Simon Walden in guardian blogs; see also BBC | OUT-Law | The Register | Times Online). Commenting on the Report, Light Blue Touchpaper says:
…You will discern a certain amount of enthusiasm for blocking, and for a “something must be done” approach. However, in coming to their conclusions, they do not, in my view, seem to have listened too hard to the evidence, or sought out expertise elsewhere in the world …
The Laws of Identity is the title of an intriguing project which proceeds from the starting point that the fact the internet was built without a way to know who and what you are connecting to not only limits what we can do with it but also exposes us to growing dangers. The fundamental aim of the enterprise was to construct a formal, and universal, means of dealing with identity online, which could be expressed in a series of Laws of Identity, and which would “define a unifying identity metasystem that can offer the Internet the identity layer it so obviously requires”. It is an ongoing process of online discussion, during which the laws have been put forward, trashed out, and fine-tuned. A recent summary of the outcome of this enterprise stated the following six basic laws:
…People using computers should be in control of giving out information about themselves, just as they are in the physical world.
The minimum information needed for the purpose at hand should be released, and only to those who need it. Details should be retained no longer than necesary.
It should NOT be possible to automatically link up everything we do in all aspects of how we use the Internet.
Three columns in today’s Observer raise interesting issues.
First, Vint Cerf – If you thought the internet was cool, wait until it goes space age – sings a characteristic paean to the internet:
After working on the internet for more than three decades, I’m more optimistic about its promise than ever. It has the potential to change unexpected parts of our lives: … we’re at the cusp of a truly global internet that will bring people closer together and democratise access to information. We are all free to innovate on the net every day and we should look forward to more people around the world enjoying that freedom.
Of course, not all of that information is or will be equal. Some of it is erroneous, or unreliable, or irelevant; so we will have to acquire and apply principles of discernment and technqiues of filtering. Unfortunately, we aren’t very good at doing that now; and there is nothing to suggest we not be any better online. …
If the unlamented Privacy Bill, 2006 were to make an unwelcome return from limbo, the Oireachtas could do worse than to revise it in the light of a recent Australian example.
First, the balanced and detailed Privacy Act, 1998 (Cth) (as amended and consolidated) is an excellent starting point for any legislative development of Irish privacy law. The range and detail of its coverage, and its focus on protecting against invasions of privacy across the board, and not merely by media, make it a far more compelling protection of privacy than the flawed Irish Bill. …
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