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Tort – Cause of action. The defendant newspaper published photographs of the children of well-known musician, Paul Weller, taken in California. The children sought damages and an injunction for misuse of private information and breach of the Data Protection Act 1998. The Queen's Bench Division held that it could assess what the defendant had known and what it ought to have known in determining the children's reasonable expectation of privacy. Further, the lawfulness of taking and publishing the photographs in California would be taken into account when assessing the legal tests, but was not determinative. Having found the claims established, it awarded the children damages totalling £10,000.
Tort – Cause of action. The defendant newspaper published photographs of the children of well-known musician, Paul Weller, taken in California. The children sought damages and an injunction for misuse of private information and breach of the Data Protection Act 1998. The Queen's Bench Division held that it could assess what the defendant had known and what it ought to have known in determining the children's reasonable expectation of privacy. Further, the lawfulness of taking and publishing the photographs in California would be taken into account when assessing the legal tests, but was not determinative. Having found the claims established, it awarded the children damages totalling £10,000.
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