ZXC v Bloomberg L.P. [2019] EWHC 970 (QB) (17 April 2019)

ZXC v Bloomberg L.P. [2019] EWHC 970 (QB) (17 April 2019)

The claimant had a reasonable expectation of privacy in the information published, as it related to a criminal investigation in which he had not been charged and was drawn from a highly confidential law enforcement document. The defendant's Article 10 rights did not outweigh the claimant's Article 8 rights in the circumstances, given the sensitivity of the information, the lack of pressing public interest in identifying the claimant, and the potential prejudice to the investigation. Publication constituted a misuse of private information.

Citation
[2019] EWHC 970 (QB)
Parties
Claimant: ZXC; Defendant: Bloomberg L. P.
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Misuse of Private Information Claim / Judgment After Trial
Outcome
Claim for misuse of private information succeeded.
Legal Topics
Misuse of Private Information, Reasonable Expectation of Privacy, Confidentiality of Law Enforcement Documents, Public Interest Defence, Article 8 ECHR, Article 10 ECHR
Media Law Privacy Law Misuse of Private Information Reasonable Expectation of Privacy Confidentiality of Law Enforcement Documents Public Interest Defence Article 8 ECHR Article 10 ECHR

Case Brief

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Parties

ZXC

Claimant

Bloomberg L. P.

Defendant

Procedural Posture

Misuse of Private Information Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant had a reasonable expectation of privacy in information relating to a criminal investigation where no charges had been brought
  2. 2 Whether publication of information from a confidential Letter of Request constituted misuse of private information
  3. 3 Whether the Article 10 rights of the defendant outweighed the claimant's Article 8 rights

Ratio Decidendi

The claimant had a reasonable expectation of privacy in the information published, as it related to a criminal investigation in which he had not been charged and was drawn from a highly confidential law enforcement document. The defendant's Article 10 rights did not outweigh the claimant's Article 8 rights in the circumstances, given the sensitivity of the information, the lack of pressing public interest in identifying the claimant, and the potential prejudice to the investigation. Publication constituted a misuse of private information.

Court Disposition

Claim for misuse of private information succeeded.

Orders

  • Defendant to pay damages to the claimant.
  • Defendant to remove the Article from its website.