Lottery Winners - Entitlement to Privacy?

Sleepy

With the euromillions running at €220m I'm curious as to whether an ordinary individual retains a right to privacy should they win it? It seems that most of the big winners in the past have been "exposed" by the papers and I'm wondering if there's any legal protection against being outed in the press should someone in Ireland end up winning it?

I realise it's not going to affect me personally but I've always said one of the first things I'd do on winning it would be to engage a solicitor from one of the big firms who I've had no interaction with or connection to and instruct them to write to the legal departments of the various Irish and UK newspapers informing them that their client wishes to remain anonymous with the subtle hint that he/she has sufficient means to ensure that should their newspaper breach that anonymity, it will not go unchallenged (or whatever couched legal terms one can use to threaten them - basically "220m is enough to tie you up in court for years and / or have PIs following your editors / journalists 24/7 until your competitor can get the exclusive on one of them leaving a known brothel or checking into a hotel with someone else's spouse etc.").

Anyway: does a person have a legal right to privacy in Ireland or would the fact they've just won millions make them a "legitimate person of interest" or whatever the legal term is to allow the press to reveal their identity? And if it's the latter, would a pre-emptive solicitors letter to the editors help or hinder maintaining their anonymity?

Peregrinus

If the newspapers become aware of the fact that you have won €220 million, I cannot see any basis on which you could prevent them from reporting the fact. And of course the solicitor's letter that you propose sending would have to name you, and so would make sure that they all are aware of your good fortune. So don't do that.

Claw Hammer

The best thing to do is not buy lottery tickets. That way you can avoid the possibility of being exposed as a winner.

Dempo1

Winners can choose to remain anonymous as far as the Euro Millions organisation is concerned however that doesn't stop rumor innuendo from occurring or tabloids chasinga story that has to be denied.

I know someone personally who won a few million on Irish Lotto , they remained anonymous but had the miss fortune of purchasing the Ticket in a small village were they had family ( my friend lives in Dublin) within hours the entire village and probably county knew who won and whilst not easily proven it is believed the shop owner spread the news, not helped the following day when the national lottery released the location and shop ticket was purchased in. To this day (10 years later) my friend is asked did he win, his answer is, mind your business.

I've always wondered how is it possible to have a right to remain anonymous and yet the national lottery releases the names of the premises were wining tickets purchased.

A person might have some hope of privacy purchasing online or in a large town or city but zero chance in a village or small town. Seems contradictory and counter intuitive if a winner chooses anonymity, their legal right , with national lottery who then goes on to announce we're ticket was purchased.

There are lotteries around the world that winners have to confirm a win and partake in unseemly & vulgar promotional campaigns.

Sleepy

If there's no legal basis on which one could prevent a paper from naming you, would there be a legal basis on which one could seek redress for the damage inflicted by that publication?

I guess I just can't see any justification for the publication of an individual's private financial affairs if that person isn't already a public figure (e.g. a bankrupt, a convicted criminal, a seeker or holder of public office (or similar individual of already low public standing :p). Whatever the legal situation, it is a gross invasion of the individuals privacy to name them as beneficiaries of a windfall that they've chosen not to go public about and it's not hard to imagine the damage such publication could do to the individual's reputation, social standing, mental health etc. Surely there'd be some means of seeking redress for such damage done (presumably you'd donate any damages won to charity of course).

Is it just a case that such publication isn't considered illegal because no previous case law exists where damages have been awarded against a publisher?

Tell me how

https://www.boards.ie/discussion/2058213098/lottery-winners-entitlement-to-privacy

By all means enagage a solicitor from whatever firm you wish.

But definitely don't get them to write to the press. Get them to collect the winnings on your behalf and to deposit in to your account or with whatever firm you wish to handle it. Let them act directly with the National Lottery in your place.

Stay sitting at home in Connemara, or Bandon or Finglas or wherever and lie your life as you wish.

Sleepy

Oh, I get that such a move is probably the right strategy, I think I'm just fascinated by the idea that it's perfectly legal for a newspaper to not only ruin someone's good fortune but potentially their life.

Social media will probably “release” that information these days quicker than the newspapers. Funny I haven’t seen the press “go after” lotto winners who remain anonymous- at least not for piddley amounts like 5 million 😂

For the mega prize money like 100 mill + I don’t think there’s any realistic way you can keep it quiet - and while Irish newspapers might respect the wishes of someone to remain anonymous. If it’s a Euro millions other newspapers may not be so inclined.

As to the legal status of your anonymity, others here might be better placed to comment but I’d say once the cat is out of the social media bag, it would be very hard for you to do anything other than own up as the winner- a legal case won’t really do you much good at that point.

I’d be happier with the piddley 5 million prize myself- sorted for life but absolutely no pressure to go public and the newspapers wouldn’t be wasting their time looking for you either.

Scoundrel

I believe the whole debate about anonymity comes from a case in Australia where the child of a lotto winner was abducted for ransom and subsequently killed.

irish_goat

https://www.boards.ie/discussion/comment/118018706#Comment_118018706

How would a shop owner possibly be able to figure out which of the customers they'd sold a lotto ticket to was the winner?

Dempo1

https://www.boards.ie/discussion/comment/118019893#Comment_118019893

CCTV for a start, also lottery verify the time of sale, ticket number etc, a very small shop with regular customers knows their customers.

micosoft

https://www.boards.ie/discussion/comment/118019632#Comment_118019632

No such rights exist. In Norway every persons salary is published https://www.bbc.com/news/magazine-40669239

If they were genuine rights you would not be stripping people of them whether a criminal or a bankrupt of a public office holder.

You've invented "damages" there. I'm not sure how stating the fact someone won the lottery is libellous? It's a statement of fact. Mental health is really stretching it.

But you have stumbled across the "burden" of wealth and fame. Like everything in life it's a tradeoff.

irish_goat

https://www.boards.ie/discussion/comment/118019914#Comment_118019914

Surely Lotto just look at the data records from their machine? There's no reason for them to tell the shop what time the ticket was bought.

micosoft

https://www.boards.ie/discussion/comment/118019683#Comment_118019683

The smart thing would be to get a Belfast solicitor, deposit in a non-Irish bank (they leak like sieves) and confess in several months winning a 2m lottery to friends and family. You can't hide a lifestyle change like that...

MrMusician18

Would it be defamation if the press named the wrong person as the winner?

Dempo1

https://www.boards.ie/discussion/comment/118019938#Comment_118019938

Agents Ticket sales also verified time stamped and submitted electronically, but that aside , I happen to live in very rural Ireland and can tell you the local shop keeper not only knows everyone, but could probably confirm the color of jocks and knickers local customers wear.

Without giving too much away, I know for a fact, CCTV was viewed to work out my friend won, even that was also the talk of the town where he won.

Edit, I never said Lotto tell shop what time winning ticket sold

Claw Hammer

https://www.boards.ie/discussion/comment/118019964#Comment_118019964

Defamation means that right-thinking people would think less of a person as a result of the defamatory statement. How would right-thinking people think less of someone who won the lottery?

micosoft

https://www.boards.ie/discussion/comment/118019980#Comment_118019980

Buy the tickets online so. Very easy to do and complete anonymity assured.

irish_goat

https://www.boards.ie/discussion/comment/118019980#Comment_118019980

But how would the shop owner work it out? They could have sold the winning ticket to one of their regulars and still be none the wiser.

Dempo1

It's really not that difficult, not sure why you think it is, ticket was purchased in a small shop, very small town and very early on the day, CCTV etc etc .

As I've explained, it would be perhaps more difficult in a larger shop, supermarket, large town etc, it wasn't, ticket purchased in a tight knot community and whilst trying not to give too much away, a relative of the winner worked in the shop and CCTV footage was viewed to try an work it out .

Dempo1

https://www.boards.ie/discussion/comment/118020017#Comment_118020017

Yes, precisely as I stated earlier, the only real way to be assured of anonymity

irish_goat

https://www.boards.ie/discussion/comment/118020060#Comment_118020060

That makes no sense. CCTV only shows who bought a ticket, they'd have no way of figuring out which of the many customers was the winner.

https://www.boards.ie/discussion/comment/118020060#Comment_118020060

Process of elimination and a bit of guess work coupled with some inside knowledge hunches- I’ve no doubt many shopkeepers review their CCTV to see if they can guess the winner in small towns- you’ll know the regulars who play the same numbers vs the quick pickers- once the lotto release even that information you can compare your machine tally’s with the CCTV - I guess it’s something to do to while away the dark winter evenings- at the very least, they’ll know who didn’t win or if it was someone passing through.

that’s why I always buy in shops that I don’t often frequent - I’m just an anonymous customer passing through.

Donald Trump

https://www.boards.ie/discussion/comment/118020004#Comment_118020004

Well if every "good cause" and its mother are asking you for money and you aren't providing any (because you haven't won) and you get a reputation as a mean and selfish lottery winner as a result then it would surely affect your standing in the community.

"Sure isn't your man a right bollix. It was in the paper he won 220m Euro and the prick wouldn't even give 1000 to the local GAA to help them buy some underage jerseys and all his kids after going through the club"

Allinall

https://www.boards.ie/discussion/comment/118020108#Comment_118020108

A defamatory statement has to be false.

iColdFusion

I think the only way you might get compensation is if you could prove a GDPR breach from your local bank where a staff member leaked your new account balance.

Me personally id take all the anonymity the Lotto would give me and then go straight to a Lamborghini dealership to buy a bright green Huracan Performante, its not a fool proof plan ill admit 😄

Dempo1

https://www.boards.ie/discussion/comment/118020081#Comment_118020081

Precisely and I actually do the same re purchase of Lotto tickets 😁

https://www.boards.ie/discussion/comment/118020146#Comment_118020146

Go on- admit it- you’re a shopkeeper who oogles the CCTV every Sunday evening looking for local lotto winners 😜😜😜

Donald Trump

https://www.boards.ie/discussion/comment/118020125#Comment_118020125

Two points:

1) The scenario posed was the misidentification of a winner

2) Regardless, a statement does not have to be false in order to be defamatory

Dempo1

https://www.boards.ie/discussion/comment/118020161#Comment_118020161

I could easily be the actual friend 🤣

But honestly I'm neither, oddly enough it was a year after the fact I knew about the win, I was abroad at the time, its over 10 years ago now. I'll admit though, my friend was generous and had a little something for one or two very close friends. He'd actually just took early retirement.

He never bothered with how news of him winning got out in the town, he denies it to this day if ever asked when visiting the particular town, of course with a smirk on his face, a nicer person couldn't have won it 😉

Allinall

An actionable defamatory statement has three ingredients:

• it must be published,
• it must refer to the complainant and
• it must be false.

From https://www.lawyer.ie/defamation/