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Children’s privacy marches on in ECHR
By Steven | February 17, 2009
The European Court of Human Rights has gone much further than NZ’s Hosking case in protecting children’s privacy. Parents of a newborn baby snapped by a private clinic in its sterile unit successfully argued that the taking (and keeping) of the photos (even without publication) without parental consent breached the child’s right to private life. This effectively grants an image right, at least in those circumstances.
Remember that the legal framework is different in Europe, though. Their fundamental human rights document protects privacy and free speech equally. Our Bill of Rights Act doesn’t explicity mention privacy. Still, the legal trend is clearly toward greater protection, particularly for children.
Topics: NZ Bill of Rights Act, Privacy tort | Comments Off on Children’s privacy marches on in ECHR