ABSTRACT

This chapter aims at practitioners whose work either creates content about others or whose work relies on information about others. Photographers, particularly those involved with editorial, documentary, writers of non-fiction and film-makers will find this particularly useful. There is a variety of sensitive subject matter and activities over which a party might seek control: the distribution of false or injurious material; the release of private information; unwarranted intrusion; the determination of how the image associated with a personality is used; and trade secrets. In order to understand the legal tools available to someone who wants to protect information about them, it is necessary to examine the following principles: contract, breach of confidence, passing off, personality rights, privacy, defamation and data protection. Breach of confidence, how copyright might protect personal information, passing off, defamation and privacy are then explored. The balancing act required between the right to freedom of expression and the right to a private life is examined.