Felix Damm clarifies issues involving the seven-time world champion and the release of information following his accident, which will be 10 years old in December
There is suspense surrounding the news involving the former German driver Michael Schumacher since December 29, 2013, the date on which the seven-time world champion a Formula 1 suffered a serious accident while skiing in the resort of Meribel, in the French Alps.
Last week, the Schumacher family’s lawyer for matters involving the press, Felix Damgave an interview to the German portal LTO (Online Legal Forum) in which some points are clarified regarding the reasons why the former driver’s family hid information on the state of health of the seven-time champion from the public opinion and the media.
“(Provide a concrete report on Schumacher’s health) It has always been about protecting private things. Of course, we have discussed a lot about how this is possible. So we also looked at whether a final report on Michael’s health might be the right way to go about it. But this would not have been enough and constantly updated “unstable bulletins” would have been needed. Because, as affected people, it is not up to you to put an end to the media. They may return to that relationship again and again and ask themselves, “What is it like now?” One, two, three months or years after intercourse. And if we then wanted to take action against this complaint, we would have to address the issue of voluntary self-exposure,” Damm explained.
The lawyer mentions the issue of “voluntary self-exposure”, because this was a recurring theme in the legal battles that the Schumacher family fought to prevent the disclosure of certain contents regarding the German’s state of health. He is referring to the fact that the family itself, accompanied by doctors, released information about the former Ferrari driver shortly after the accident.
“In principle, no one can claim the confidentiality of facts that he himself has voluntarily disclosed to the public. In this context, jurisprudence speaks of self-opening of the private sphere. This is why we have had to deal with “self-disclosure” in court several times In the end we were right. It was decided that the statements at the press conference were so general that there should be no speculation about the state of health. Furthermore it was questionable whether the information would be provided voluntarily when requested by hundreds of journalists who surrounded the hospital for days,” Damm said.
The lawyer also said he understands that Schumacher fans want to know about the German. “Of course. But I also believe that the vast majority of fans can deal with the situation well and also respect the fact that the incident has triggered a process in which private accommodation is necessary and will now continue to be respected,” he said.
Damm also highlighted those who have leaked information about Schumacher’s health to the press, such as Jean Todt and Georg Gänswein, who have commented on the situation in recent years. According to the lawyer, even friends and close people can be sued if they make private matters public.
“If it is not the data subject who acts, but rather friends or acquaintances who disclose private information, this is not ‘voluntary self-disclosure’ of the private sphere. The data subject can therefore defend himself against disclosure of private life circumstances, even if the information come from acquaintances.”
Source: Terra
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