The JK Rowling photo case – Are privacy rights evolving for the online era?

The Court of Appeal's recent decision in the case brought on behalf of JK Rowling's young son has some important implications for the developing law of privacy in the UK (David Murray (by his litigation friends Neil Murray and Joanne Murray) v Big Pictures Limited [2008] EWCA Civ 446). Most strikingly, the court's approach shows that the scope of potentially private information is broader than previously thought.The claim brought was for breach of confidence, misuse of private information and under the Data Protection Act 1998 (“the DPA”) and resulted from a photograph of JK Rowling's son, taken covertly in a public place, being published in a newspaper.The decision is significant for photographers and newspaper publishers, in particular, because it suggests that more types of information, especially photographs, may be capable of protection as “private”. It does not follow, however, that this development will prejudice freedom of expression: the balance between privacy and press freedom still needs to be struck, with neither taking precedence over the other.