Supreme Court: Individuals have reasonable expectation of privacy until charged
Simon Airey, James Dobias, Joshua Domb and William Merry of McDermott Will & Emery UK LLP analyse the case and its importance for the development of English privacy law more generally.
On 16 February 2022, the UK Supreme Court in Bloomberg LP v ZXC  UKSC 5 unanimously upheld the decisions of two lower courts that Bloomberg was wrong to publish an article identifying a US executive who was under investigation in relation to allegations of fraud, bribery and corruption as he had a reasonable expectation of privacy unless and until he was charged.
The court found that Bloomberg misused the executive’s private information when it reported on a confidential letter of request sent by a UK legal enforcement agency to its counterpart in a foreign state.
As a general rule or as a legitimate starting point, a person under criminal investigation has a reasonable expectation of privacy in respect of information relating to that investigation unless and until they are formally charged.
UK Report subscribers, to access the full article, please
If you wish to subscribe please see our subscription information.