Child can have right to privacy infringed by surreptitious photography

It was arguable that a child had a reasonable expectation that he would not be targeted in order to obtain photographs in a public place for publication which the person taking or procuring the photographs knew would be objected to on the child’s behalf.

The Court of Appeal so stated in a reserved judgment, when allowing an appeal by the claimant, David Murray, suing by his litigation friends and parents, Dr Neil Murray and Mrs Joanne Murray, from the decision of Mr Justice Patten (The Times August 7, 2007) in which he struck out as unarguable the claim that the second defendant, Big Pictures (UK) Ltd, had infringed his right to privacy under article 8 of the European Convention on Human Rights by the publication in the Sunday Express Magazine of a photograph, taken covertly and without his parents’ consent, which depicted him in a public street with his father and his mother, the author J.


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