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16 Feb 2022, 8:00 am by INFORRM
In an important decision that will have profound implications for media reporting as well as for individuals subject to criminal investigation, the Supreme Court has today held that, as a legitimate starting point, a person under criminal investigation has a reasonable expectation of privacy in respect of information relating to that investigation (ZXC v Bloomberg [2022] UKSC 5). [read post]
Up until this case, that position had support in domestic law (see AL (Serbia) v Secretary of State for the Home Department [2008] UKHL 42, [2008] 4 All ER 1127; R (Hooper) v Secretary of State for Work and Pensions [2005] UKHL 29, [2006] 1 All ER 487; and R (S) v Chief Constable of South Yorkshire [2004] UKHL 39, [2004] 4 All ER 193). [read post]
9 Jan 2024, 8:24 am by Eric Goldman
Facebook opinion (the court praises that dissent as “influential”–though surely not more influential in California state courts than Barrett v. [read post]
22 Mar 2012, 7:10 am by David Hart QC
The obligation to state reasons thus laid down constitutes an essential principle of European Union law which may be derogated from only for overriding reasons. [read post]
21 Jan 2014, 5:45 am by Mark Graber
  When state capacities change, preexisting notions of reasonableness became outdated. [read post]