Quotes from caselaw 2: Sicri v Assocated Newspapers [2020] EWHC 3541 (QB) – Privacy and suspicion by the state

The rationale for the general rule, that an individual has a reasonable expectation of privacy in respect of information that they have come under suspicion by the state, is clear: disclosure of such information is likely to have a seriously harmful impact on the person’s reputation, and thus their private life.

Warby J. at p.55

The Sicri case concerned the publication of an article by the Mail Online following the arrest of a man for having a connection with Manchester Arena suicide bomber Salman Abedi. The Mail Online did not remove the article after the claimants’ release and divulged his name via an alternative spelling, address and other identifiable details.  The claimant was successful and awarded £83,000 in damages as he had a reasonable expectation of privacy in respect of his identity remaining private when his arrest was reported. It should be noted that this reasonable expectation was assessed at pre-charge stage.

The claimant had a right to expect that the defendant would not publish his identity as the 23-year-old man arrested on suspicion of involvement in the Manchester Arena bombing. By 12:47 on 29 May 2017, the defendant had violated that right; it had no, or no sufficient public interest justification for identifying the claimant. It continued to do so. Later, another publisher did the same or similar. But the claimant’s right to have the defendant respect his privacy was not defeated or significantly weakened by the fact that others failed to do so. He is entitled to compensation. The appropriate sum is £83,000 in general and special damages.

Warby J. at 190

This is part of our new “quotes from caselaw” series, looking to bring you short snippets from leading judgments on privacy, which highlight its importance and development.

Quotes from caselaw 1: Campbell v MGN [2004] 2 AC 457 – The importance of privacy to liberty

“Privacy lies at the heart of liberty in a modern state. A proper degree of liberty is essential for the well-being and development of an individual”

– Lord Nicholls, Campbell v MGN [2004] 2 AC 457 at [p.12]

This is part of our new “quotes from caselaw” series, looking to bring you short snippets from leading judgments on privacy, which highlight its importance and development.