As our haphazard privacy law gets put to the test again it appears that you can enjoy a 'reasonable expectation of privacy' in the darkened recesses of a London nightclub.
Elizabeth Jagger has been coy about her relationshp with Calum Best - son of legendary footballer and pub frequenter George. However the couple seem to have got carried away in February when cctv captured their sexual antics in Soho's Prophecy club. The club owner decided to cash in on this photo op and the News of the World did the honourable tabloid thing of publishing the fuzzy stills.
Claiming the usual array of privacy related protection - copyright, confidence and data protection, Elizabeth persuaded the High Court to prevent further publication of the pics - in particular the cctv footage which she didn't want to join the likes of 'A Night in Paris' on the internet. What's interesting is the interpretation and definition of a place where one can enjoy 'a resaonable expectation of privacy'. Recent cases have decided that parks and public beaches don't qualify (as Kate Beckinsale and Anna Ford found out) but now - and arguably consistent with the PCC code - it would appear that the dingy corner of a nightclub might be OK.
In granting an interim injunction Mr Justice Bell said that Elizabeth had been a naughty girl but that such naughtiness did not amount to such 'moral turpitude' as to prevent her from seeking and being entitled to remedy from a court (Jamie Theakston was less successful in his attempt to suppress details of his visit to a Mayfair brothel). While certan elements of the public may be interested in seeing these pictures, the judge was not satisfied that their disclosure was in the public interest and would only serve what he termed as the 'prurient interest of others'. (but that interest doesn't half sell papers!)