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.
raytodd.blog 