A Scottish law case (BC & Others v Chief Constable of the Police Service of Scotland & Others) at the Inner House of the Court of Session discussed several interesting issues, namely the police officers’ reasonable expectation of privacy when exchanging WhatsApp messages, which can be found here.
The focus of this article is on an aspect of the case not cross-appealed: the existence of a common-law right to privacy in Scotland. The views expressed by Lord Justice Clerk, Lady Dorrian now cast doubt over the existence of such a right – one which Lord Bannatyne, from the Outer House, believed was nascently recognised in case law.
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