This case note discusses the implications of the English Court of Appeal’s conclusion in ZXC v Bloomberg that, as a general rule, claimants will have a reasonable expectation of privacy in respect of the fact and details of a police investigation into their conduct (up to the point of charge). Because this enables claimants to use privacy to protect their reputation, the decision has significant ramifications for the law of defamation. The note also suggests that courts should consider the ongoing relevance of breach of confidence decisions stating that information obtained in the exercise of a legal power or in furtherance of a public duty should be treated as confidential.
Moreham, NA, Privacy and Police Investigations: ZXC v Bloomberg (November 2, 2020). (2021) Cambridge Law Journal, forthcoming.