Does a suspect in a criminal investigation have a reasonable
expectation of privacy? Or does the fact that they are under
investigation mean they forfeit all privacy rights?
These issues were recently considered by the High Court of
England and Wales in a case brought by pop singer, Sir Cliff
Richard against the BBC.
The Court clarified that, as a general principle, an individual
who is the subject of a criminal investigation has a legitimate
expectation of privacy in relation to the fact of the
investigation. However, this expectation may be displaced in
certain circumstances. The judgment of the English High Court is
not binding on the Irish courts, but may be persuasive should a
similar issue arise here.
