Public Inquiry Recommendations

L25 Not Accepted

Leveson Inquiry (2012)

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 …

- Section 40 of the Crime and Courts Act 2013, which would have created a costs incentive for publishers to join a recognised regulatory body, …

L26 Not Accepted

Leveson Inquiry (2012)

Arbitration and Costs

It should be open any subscriber to a recognised regulatory body to rely on the fact of such membership and on the opportunity it provides for the claimant to use …

- Section 40 of the Crime and Courts Act 2013 would have allowed courts to consider regulatory membership when awarding costs in privacy and defamation …

L48 Not Accepted

Leveson Inquiry (2012)

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 …

- Section 32 of the Data Protection Act 1998 was repealed when the Data Protection Act 2018 came into force on 25 May 2018 (Data …

L49 Not Accepted

Leveson Inquiry (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 …

- Section 32 of the Data Protection Act 1998 was repealed when the Data Protection Act 2018 came into force on 25 May 2018 (Data …

L51 Not Accepted

Leveson Inquiry (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Act 1998 with special application to journalism in: (a) section 32(4) and (5) (b) sections 44 to 46 inclusive should be repealed.

- Sections 32(4), 32(5), 44, 45, and 46 of the Data Protection Act 1998 were repealed when the Data Protection Act 2018 came into force …

L53 Not Accepted

Leveson Inquiry (2012)

ICO Regard for Regulatory Membership

Specific provision should be made to the effect that, in considering the exercise of any of its powers in relation to the media or other publishers, the Information Commissioner's Office …

- The Data Protection Act 2018, Schedule 2, Part 5, paragraph 26(3) provides that when determining whether publication would be in the public interest, the …

L54 Not Accepted

Leveson Inquiry (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 …

- Section 77 of the Criminal Justice and Immigration Act 2008, which would have increased the maximum sentence for offences under section 55 of the …

L55 Not Accepted

Leveson Inquiry (2012)

ICO Prosecution Powers Extension

The prosecution powers of the Information Commissioner should be extended to include any offence which also constitutes a breach of the data protection principles.

- Under the Data Protection Act 1998, the Information Commissioner's prosecution powers were limited to specific offences including section 55 (unlawful obtaining of data). The …

L57 Not Accepted

Leveson Inquiry (2012)

Reconstitute ICO as Commission

The opportunity should be taken to consider amending the Data Protection Act 1998 formally to reconstitute the Information Commissioner's Office as an Information Commission, led by a Board of Commissioners …

- The Information Commissioner's Office was not formally reconstituted as an "Information Commission" led by a Board of Commissioners under the Data Protection Act 2018 …

L67 Not Accepted

Leveson Inquiry (2012)

Sentencing Guidelines for Data Offences

On the basis that the provisions of s77-78 of the Criminal Justice and Immigration Act 2008 are brought into effect, so that increased sentencing powers are available for breaches of …

- Sections 77-78 of the Criminal Justice and Immigration Act 2008, which would have increased sentencing powers for section 55 offences under the DPA 1998, …

L68 Not Accepted

Leveson Inquiry (2012)

PACE Amendments Consideration

The Home Office should consider and, if necessary, consult upon: (a) whether paragraph 2(b) of Schedule 1 to the Police and Criminal Evidence Act 1984 (PACE) should be repealed; (b) …

- The Association of Chief Police Officers (ACPO) was replaced by the National Police Chiefs' Council (NPCC) in April 2015 (NPCC, About Us). - No …

L70 Not Accepted

Leveson Inquiry (2012)

Civil Justice Council Damages Review

The Civil Justice Council should consider the level of damages in privacy, breach of confidence and data protection cases, being prepared to take evidence (from the Information Commissioner, the media …

- No published evidence that the Civil Justice Council conducted a review of the level of damages in privacy, breach of confidence and data protection …

L71 Not Accepted

Leveson Inquiry (2012)

Aggravated and Exemplary Damages

The Report of the Law Commission on Aggravated, Exemplary and Restitutionary Damages should be adopted in relation to its recommendations that legislation should provide that: (a) aggravated damages should only …

- The Law Commission Report on Aggravated, Exemplary and Restitutionary Damages (Law Com No. 247, 1997) recommended legislative reform of the damages framework. The Leveson …

L73 Not Accepted

Leveson Inquiry (2012)

Civil Procedure Rules on Costs

The Civil Procedure Rules should be amended to require the court, when considering the appropriate order for costs at the conclusion of proceedings, to take into account the availability of …

- Section 40 of the Crime and Courts Act 2013 was enacted to provide costs protections linked to membership of a recognised press regulator and …

L74 Not Accepted

Leveson Inquiry (2012)

Qualified One Way Costs Shifting

In the absence of the provision of an approved mechanism for dispute resolution, available through an independent regulator without cost to the complainant, together with an adjustment to the Civil …

- This recommendation proposed enhanced legal aid or a cost-shifting mechanism for individuals bringing claims against publishers, in the absence of a recognised regulatory arbitration …