L49 Response Not Accepted Self-assessed

Narrow Section 32 Exemption Scope

Recommendation

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.

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, citing concerns in 2012 about its potential to restrict press freedom and investigative journalism. According to the Data Protection Act 2018 (Schedule 2, Part 5), it did not narrow the scope of the journalism exemption as recommended, continuing to provide broad protection from multiple data protection principles for journalistic processing.
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 did not narrow the journalism exemption's scope as Leveson recommended. The exemption still provides broad protection from multiple data protection principles when processing for journalism.

View detailed findings

The specific narrowing of the exemption's scope that Leveson recommended was not enacted.

Data Protection Act 2018, Schedule 2 Part 5 View Source
Source
Report An Inquiry into the Culture, Practices and Ethics of the Press 29 Nov 2012
Responsible Bodies
UK Government Primary
Recommendation age 13.3 yrs
Last formal update 4863 days ago