Bloomberg LP v ZXC

A person under criminal investigation has, in general, a reasonable expectation of privacy in information relating to that investigation, before he is charged.

Citation
[2022] UKSC 5, [2022] AC 1158
Court
Supreme Court
Year
2022
Subject
Tort Law
Topic
Defamation and privacy

Facts

Bloomberg, a news organisation, published an article about a businessman, ZXC, who was the regional head of a company, based on a confidential letter sent by a UK law enforcement body to a foreign state, asking for help in its investigation into the company. The article reported that ZXC was being investigated for suspected fraud and corruption. He had not been charged with any offence. He sued Bloomberg for misuse of private information.

Legal principle

The Supreme Court held that Bloomberg was liable. Lord Hamblen and Lord Stephens said that, as a legitimate starting point, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information relating to that investigation. This is because of the damage that can be caused to a person's reputation by the publication of the fact that he is under investigation, even though he may never be charged. The fact that the information came from a confidential law enforcement document strengthened his expectation of privacy, and the balance between his privacy and Bloomberg's freedom of expression favoured privacy.

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