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 journalism exemption was replaced by Schedule 2, Part 5 of the Data Protection Act 2018, which provides that the exemption applies only where processing is carried out "with a view to the publication by a person of journalistic, academic, artistic or literary material" and the controller "reasonably believes that the publication of the material would be in the public interest" (Data Protection Act 2018, Schedule 2, Part 5, legislation.gov.uk).
- The new provision requires controllers to have regard to relevant codes of practice including the Editors' Code of Practice and the Ofcom Broadcasting Code when determining whether publication would be in the public interest (Data Protection Act 2018, Schedule 2, Part 5, paragraph 26(3), legislation.gov.uk).
How was this evidence gathered?
Response
Not Accepted
Response
Not AcceptedThe 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
Published Evidence
Published assessments of progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.
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.