The United Kingdom and Human Rights - College of Social ...

Interaction of Freedoms of Expression 147
face the lottery of the jury system, although excessive
awards can, since 1990, be revised by the Court of
Appeal.
From the standpoint of the person facing comment
and criticism, there may be grave harm and personal
suffering. Unless they are wealthy, defamed persons
have no practical remedy, as Legal Aid is unavailable in
libel actions. Nor are they protected from dredged-up
truthful tales about their past, because there is no law of
privacy. Since early 1990, major newspapers have
appointed Press Ombudsmen to remedy the evils of
sensationalist journalism to increase circulation. Such
self-regulation may temporarily improve matters, especially
because the Press fear that the recommendations in
the Calcutt Report will be implemented. 31
Earlier I dealt with a public right to information, but
particular individuals may need information which
competes with a public right to confidentiality. For
example, a person under compulsory investigation, such
as a financier suspected of an offence, may claim that it
is fair to inform him of suspicions so that he can
properly answer questions put to him. If fraud is an
issue, there is a countervailing public interest: protection
of the rights of individuals who have contributed to
pension funds or who have invested requires that the
state have investigatory powers without a duty to give
advance warning of available evidence, because disclosure
would in many cases of so-called "white collar"
crime, something in any event difficult to prove, enable
a dishonest person to destroy incriminating evidence.
Another complex confidentiality issue relates to privacy
and the collection and supply of data by the police,
the National Health Service, Social Security officials, the
Inland Revenue, employers, banks and shops. Collection
and sale of data has become a large-scale business
activity, useful in preventing fraud or the giving of credit