ICO Balance of Public Interest
In conjunction with the repeal of those procedural provisions, consideration should be given to the desirability of including in the Data Protection Act 1998 a provision to the effect that, in considering the exercise of any powers in relation to the media or other publishers, the Information Commissioner's Office should have special regard to the obligation in law to balance the public interest in freedom of expression alongside the public interest in upholding the data protection regime.
- Section 124 of the Data Protection Act 2018 requires the Information Commissioner to prepare a code of practice on data protection and journalism, in which the Commissioner must have regard to "the special importance of the public interest in the freedom of expression and information" (Data Protection Act 2018, Section 124, legislation.gov.uk).
How was this evidence gathered?
Response
Accepted in Part
Response
Accepted in PartThe Prime Minister stated on 29 November 2012 that data protection proposals required careful consideration. The Data Protection Act 2018 included some provisions implementing Leveson recommendations on data protection and journalism. 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 includes some provisions requiring the ICO to have regard to freedom of expression when exercising powers in relation to journalism. However this is not framed exactly as Leveson recommended.
View detailed findings
Some balancing provisions exist in the DPA 2018 but not exactly as Leveson specified.