L48 Response Not Accepted Self-assessed

Section 32 DPA Amendment

Recommendation

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.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
According to the available evidence, the UK Government did not accept this recommendation, with the Prime Minister expressing concerns in 2012 that it could curb press freedom and impact investigative journalism. According to the Data Protection Act 2018 (Schedule 2, Part 5), it subsequently retained a broad journalism exemption, applying where data processing is undertaken "with a view to publication," rather than the narrower "necessary for publication" as recommended.
How was this assessed?
Assessed by gemini-2.5-flash on 19 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, www.legislation.gov.uk, hansard.parliament.uk
Jurisdiction
UK-wide
Response
Not Accepted
Not Accepted UK Government
29 Nov 2012

The Prime Minister stated on 29 November 2012: "I am instinctively concerned about this proposal. There is a real danger of this recommendation being used to curb freedom of the press. We need to consider this very carefully - particularly the impact this could have on investigative journalism." The Data Protection Act 2018 retained a broad journalism exemption (Schedule 2, Part 5) and did not implement this specific recommendation. Source: https://www.gov.uk/government/speeches/david-cameron-statement-in-response-to-the-leveson-inquiry-report

Read Full Response
Note: PM David Cameron responded to all 92 recommendations with a single statement accepting them "in principle" or "in part". No per-recommendation response was published.
Published Evidence

Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.

Not Implemented
23 May 2018
UK Parliament legislation

The Data Protection Act 2018 retained a broad journalism exemption (Schedule 2, Part 5). The exemption applies where processing is 'with a view to publication' -- broader than Leveson's recommendation that it should only apply where processing is 'necessary for publication.' The exemption was not narrowed as Leveson recommended.

View detailed findings

The journalism exemption in the DPA 2018 is broader than what Leveson recommended. Processing 'with a view to' publication is a lower threshold than 'necessary for' publication.

Data Protection Act 2018, Schedule 2 Part 5 View Source
Source
Inquiry Leveson Inquiry
Report An Inquiry into the Culture, Practices and Ethics of the Press 29 Nov 2012
View Source
Responsible Bodies
UK Government Primary
Themes & Tags
Personal data privacy risks ICO Data Protection Dpa Journalism Exemption
Recommendation age 13.3 yrs
Last formal update 4863 days ago