Month: February 2022

Attorney General v BBC [2022] EWHC 380 (QB): Attorney General’s application to hear case concerning programme about an MI5 agent in private refused

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In a case which reinforces and is underpinned by the principle of open justice, the court has found that an interim hearing concerning the airing of a BBC programme about an MI5 agent who was allegedly “a dangerous extremist and misogynist” should be heard in public.

“The BBC wants to broadcast a programme about an individual, “X”. The programme is to include the allegations that X is a dangerous extremist and misogynist who physically and psychologically abused two former female partners; that X is also a covert human intelligence source (variously referred to as a “CHIS” or an “agent”) for the Security Service (“MI5”); that X told one of these women that he worked for MI5 in order to terrorise and control her; and that MI5 should have known about X’s behaviour and realised that it was inappropriate to use him as a CHIS.”

“The programme is to include the allegations that X is a dangerous extremist and misogynist who physically and psychologically abused two former female partners; that X is also a covert human intelligence source …; that X told one of these women that he worked for MI5 in order to terrorise and control her; and that MI5 should have known about X’s behaviour and realised that it was inappropriate to use him as a CHIS.”

See INFORRM for further details. The now made public judgment can be found on Bailli here.

Citation: The Guardian: Privacy laws could be rolled back, government sources suggest – A rebuttal

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The Guardian has a piece suggesting, following the judgment of the UK Supreme Court this week in ZXC, that privacy laws could be rolled back by replacements to the Human Rights Act.

Following the judgment in ZXC a government spokesperson has stated: “A free press is one of the cornerstones of any democracy. The government recognises the vital role the media plays in holding people to account and shining a light on the issues which matter most. We will study the implications of the judgment carefully.”

Whilst political sources are usually careful not to criticise judges, the balance between freedom of expression and privacy rights of individuals is a contentious area, drawing critical voices from both sides of the debate. TPP advocates balance between the two competing rights.

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Bloomberg v ZXC: UK Supreme Court finds that suspects of crime have a reasonable expectation of privacy in investigation details pre-charge

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Judgment has been handed down by the UK Supreme Court in the appeal in the case of Bloomberg v ZXC. The court has found for the respondent, refusing the appeal.

The case has significant implications for the law of privacy. It endorses the finding in the Cliff Richard case and provides crucial precedent on the reasonable expectation of privacy suspects of crime can expect. TPP will have further coverage of the judgment shortly. See the judgment here.

“The courts below were correct to hold that, as a legitimate starting point, a

person under criminal investigation has, prior to being charged, a reasonable

expectation of privacy in respect of information relating to that investigation and that

in all the circumstances this is a case in which that applies and there is such an

expectation.”

at p.146