Abstract:
This article examines the recent English litigation in the Max Mosley case before the domestic court and also before the European Court of Human Rights (“ECHR”). The article aims to highlight the problems in developing adequate remedial responses and includes discussion of the Neuberger Report on a possible duty to warn of an intended publication of private facts as well as recent English discussion of the appropriateness of super-injunctions given the principle of open justice. Whilst the article aims to set out an overview of recent English and ECHR developments, it concludes by trying to identify questions that Singapore law will meet in the area of privacy and personal facts. The Singapore government has already announced its intention to introduce data protection legislation in 2012. The legislation may well increase societal awareness of the importance of privacy in the Information Age. Whether it will or should trigger the development of new or expanded causes of action to protect private facts, out of the action to protect confidential information, remains to be seen.