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Europe Data Protection Digest | Bloomberg wins privacy case under section 32 of the Data Protection Act Related reading: Notes from the IAPP, July 23, 2021



A case involving a Bloomberg article highlights the “journalistic defense” under section 32 of the Data Protection Act, reports. Justice Neil Garnham ruled Bloomberg was protected under Section 32 when it published an article about a man, referred to as ZXC, who was linked to a criminal investigation. The man wanted the article taken down, stating his privacy was violated under section 10 of the DPA, and said Bloomberg’s section 32 defense was invalid, as the media company could not prove the article was in the public’s best interest. “[Bloomberg] rely on the witness statement of the author of the article. That statement … makes it clear that the decision to refer to [ZXC] in the article was taken after careful consideration of the relevant circumstances, including the public interest in the disclosure of [ZXC's] involvement,” said Garnham. “In my judgment, it is clear that [Bloomberg] as data controller believed, and believed on reasonable grounds, that publication would be in the public interest.”
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