2 UK COURT DECISIONS HIGHLIGHT THE TENSION BETWEEN AN INDIVIDUAL’S RIGHT TO PRIVACY DURING A CRIMINAL INVESTIGATION AND THE FREEDOM OF THE PRESS TO REPORT ON THE INVESTIGATION

A post from Cooley on 16 February says that 2 recent cases in the UK courts highlight the tension between an individual’s right to privacy during a criminal investigation and the freedom of the press to report on the investigation as a matter of public interest.  It remarks that such cases raise questions about the privacy rights of the subjects of investigation under Article 8 of the ECHR.  A Court of Appeal case involved Bloomberg publishing a second report describing a letter of request for mutual legal assistance to foreign authorities, where the balance tipped in favour of privacy, even though the investigation related to the business dealings of a large international company and included matters of ‘high public interest’.  In a second case, the High Court recently addressed the privacy rights of individuals under investigation by the SFO and ordered a postponement of the publication of a Statement of Facts re a DPA, as those involved had neither testified nor agreed to the DPA version of the facts. 

https://cc.cooley.com/2022/02/16/uk-supreme-court-considers-privacy-rights-of-executives-under-investigation/

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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