ZXC v Bloomberg LP [2017] EWHC 328 (QB) (23 February 2017)

ZXC v Bloomberg LP [2017] EWHC 328 (QB) (23 February 2017)

The claimant is unlikely to succeed at trial because, although there is a reasonable expectation of privacy in the leaked law enforcement document, the balance between Article 8 and Article 10 ECHR, considering the public interest in the subject matter and the journalistic context, favours the defendant. The defendant's reliance on the journalistic exemption under s32 DPA 1998 is reasonable and defeats the data protection claim.

Citation
[2017] EWHC 328
Parties
Claimant: ZXC; Defendant: Bloomberg LP
Jurisdiction
England and Wales
Judgment Date
23 February 2017
Procedural Posture
Interim Injunction Application (privacy/data Protection) / First Instance Judgment on Interim Relief
Outcome
Application for interim injunction refused
Legal Topics
Misuse of Private Information, Article 8 ECHR, Article 10 ECHR, Data Protection Act 1998 S10 and S32, Interim Injunctions, Freedom of Expression, Public Interest Defence
Media Law Privacy Law Data Protection Misuse of Private Information Article 8 ECHR Article 10 ECHR Data Protection Act 1998 S10 and S32 Interim Injunctions +2 more

Case Brief

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Parties

ZXC

Claimant

Bloomberg LP

Defendant

Procedural Posture

Interim Injunction Application (privacy/data Protection) / First Instance Judgment on Interim Relief

Legal Issues

  1. 1 Whether the claimant is likely to succeed at trial in establishing a reasonable expectation of privacy regarding the publication of information about a criminal investigation.
  2. 2 Whether the balance between Article 8 (privacy) and Article 10 (freedom of expression) ECHR favours granting an interim injunction.
  3. 3 Whether the defendant can rely on the journalistic exemption under s32 of the Data Protection Act 1998.

Ratio Decidendi

The claimant is unlikely to succeed at trial because, although there is a reasonable expectation of privacy in the leaked law enforcement document, the balance between Article 8 and Article 10 ECHR, considering the public interest in the subject matter and the journalistic context, favours the defendant. The defendant's reliance on the journalistic exemption under s32 DPA 1998 is reasonable and defeats the data protection claim.

Court Disposition

Application for interim injunction refused

Orders

  • No order for removal of the article from the defendant's website
  • Judgment produced in public and private forms to preserve anonymity pending appeal