Reports & recommendations
92 recommendations, each with the government response on the record. Filter by government response or delivery status.
Reports (5)
| Title | Volume | Publication Date | Recommendations | Links |
|---|---|---|---|---|
| An Inquiry into the Culture, Practices and Ethics of the Press | Part 1 | 29 Nov 2012 | 92 | |
| An Inquiry into the Culture, Practices and Ethics of the Press - Volume I | Volume I | 29 Nov 2012 | 0 92 published | |
| An Inquiry into the Culture, Practices and Ethics of the Press - Volume II | Volume II | 29 Nov 2012 | 0 | |
| An Inquiry into the Culture, Practices and Ethics of the Press - Volume III | Volume III | 29 Nov 2012 | 0 | |
| An Inquiry into the Culture, Practices and Ethics of the Press - Volume IV | Volume IV | 29 Nov 2012 | 0 |
Recommendations (5)
ICO and Regulatory Membership
In any reconsideration of the powers of the Information Commissioner (or replacement body), power should be given to that body to determine that membership of a satisfactory regulatory body, which required appropriate governance and transparency standards from its members in relation to compliance with data protection legislation and good practice, should be taken into account when considering whether it is necessary or proportionate to take any steps in relation to a subscriber to that body.
The Inquiry recommended taking regulatory body membership into account during data protection enforcement. In January 2013, the Information Commissioner’s Office (ICO) acknowledged "the importance of Lord Justice Leveson’s recommendations about the recognition the ICO might be able to give" (Information Commissioner’s Office response, Jan 2013). The response does not mention statutory powers or considering membership when taking enforcement steps (Information Commissioner’s Office response, Jan 2013).
Section 32 DPA Amendment
The exemption in section 32 of the Data Protection Act 1998 should be amended so as to make it available only where: (a) the processing of data is necessary for publication, rather than simply being in fact undertaken with a view to publication; (b) the data controller reasonably believes that the relevant publication would be or is in the public interest, with no special weighting of the balance between the public interest in freedom of expression and in privacy; and (c) objectively, that the likely interference with privacy resulting from the processing of the data is outweighed by the public interest in publication.
The Inquiry recommended amending the Data Protection Act exemption for journalism. In December 2017, Lord Keen of Elie, Advocate-General for Scotland, responding for the UK Government, addressed the recommendation regarding special weighting, stating that weighting for freedom of expression and information was "an essential way of ensuring that information that is in the public interest is not buried" (Lord Keen of Elie, Dec 2017). In November 2012, Prime Minister David Cameron stated that proposals reducing the special treatment afforded to journalists under data protection legislation required careful consideration (David Cameron response, Nov 2012; David Cameron, Nov 2012).
Narrow Section 32 Exemption Scope
The exemption in section 32 of the Data Protection Act 1998 should be narrowed in scope, so that it no longer allows, by itself, for exemption from: (a) the requirement of the first data protection principle to process personal data fairly (except in relation to the provision of information to the data subject under paragraph 2(1)(a) of Part II Schedule 1 to the 1998 Act) and in accordance with statute law; (b) the second data protection principle (personal data to be obtained only for specific purposes and not processed incompatibly with those purposes); (c) the fourth data protection principle (personal data to be accurate and kept up to date); (d) the sixth data protection principle (personal data to be processed in accordance with the rights of individuals under the Act); (e) the eighth data protection principle (restrictions on exporting personal data); and (f) the right of subject access. The recommendation on the removal of the right of subject access from the scope of section 32 is subject to any necessary clarification that the law relating to the protection of journalists' sources is not affected by the Act.
The Inquiry recommended narrowing the scope of data protection exemptions available to journalists. In December 2017, Lord Keen of Elie, Advocate-General for Scotland, stated for the UK Government that the Data Protection Bill protected journalists relying on exemptions for public interest journalism regardless of regulator membership, though the specific restrictions named in the recommendation were not mentioned (Lord Keen of Elie, Dec 2017). Earlier, in November 2012, Prime Minister David Cameron told the House of Commons that proposals reducing special data protection treatment for journalists required careful consideration regarding their potential effect on investigative journalism (David Cameron response, Nov 2012; David Cameron, Nov 2012).
Repeal Procedural Provisions
The procedural provisions of the Data Protection Act 1998 with special application to journalism in: (a) section 32(4) and (5) (b) sections 44 to 46 inclusive should be repealed.
The Inquiry recommended repealing specific procedural provisions for journalism under data protection legislation. In November 2012, Prime Minister David Cameron stated that proposals reducing special data protection treatment for journalists required careful consideration, noting he was "instinctively concerned" about the impact on investigative journalism, though sections 32(4), 32(5), and 44 to 46 are not mentioned in the sources (David Cameron response, Nov 2012; David Cameron, Nov 2012).
Bring into Force Section 55 Penalties
The necessary steps should be taken to bring into force the amendments made to section 55 of the Data Protection Act 1998 by section 77 of the Criminal Justice and Immigration Act 2008 (increase of sentence maxima) to the extent of the maximum specified period; and by section 78 of the 2008 Act (enhanced defence for public interest journalism).
The Inquiry recommended commencing increased penalties and journalistic defences for unlawfully obtaining data. In May 2018, the Department for Digital, Culture, Media and Sport and the Home Office stated that the provisions were omitted and never commenced, explaining that offences, defences, and penalties were instead set out in the Data Protection Act 2018 (Data Protection Act 2018: Explanatory Notes, May 2018). Earlier, in January 2013, Helen Grant, Parliamentary Under-Secretary of State at the Ministry of Justice, stated that the Government was considering whether to introduce them given potential consequences for investigative journalism (Helen Grant, Jan 2013). In November 2012, Prime Minister David Cameron stated that the Government needed to look at the issue very carefully (David Cameron response, Nov 2012; David Cameron, Nov 2012).