ZXC v Bloomberg: privacy expectations about criminal investigations

The Court of Appeal has today given judgment in the long-running ZXC v Bloomberg litigation ([2020] EWCA Civ 611). The key points:

  1. In general, a person does have a reasonable expectation of privacy about the fact that/details of their being subject to a police investigation, up to the point of charge.
  2. Reporting about alleged conduct is different from reporting about a criminal investigation into that conduct.

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NewsFlash: International Transfers Decision Coming Soon(ish)

The CJEU has announced that judgment will be handed down in Case C-311/18, Data Protection Commissioner v Facebook Ireland & Schrems on 16 July 2020. The judgment directly concerns the legality of standard contractual clauses in the context of transfers of personal data to the USA, and is also likely to comment on the validity of the Privacy Shield adequacy decision (which came under heavy fire at the hearing) and the role of data protection supervisory authorities in relation to international transfers. The Advocate General’s Opinion was issued in December: (EU:C:2019:1145). 

Christopher Knight

Health Records and the Deceased

The Access to Health Records Act 1990 is an oft-overlooked member of the information rights family, but it can have a useful role to play. In the case of Re AB [2020] EWHC 691 (Fam) (Re AB) it was important because the applicant was the personal representative seeking the health records of a deceased sibling; precisely the sort of territory to which data protection law does not apply. Continue reading

The Non-Disclosure and Barring Service: Victim Access to Information

If you believe that an individual who works with children sexually assaulted you, but was never prosecuted for that allegation, it is understandable that you might wish to know whether that person has been placed on the formal list of persons barred from engaging in regulated activity with children, run by the Disclosure and Barring Service (“DBS”). But it is also understandable why the DBS might not wish to tell you (and thereby the public at large) who is or is not barred, and even more so why the individual accused would not wish that to be revealed. Who’s rights win out? Continue reading