data-protection-and-journalism-a-guide-for-the-media-draft

Data protection and journalism
The journalism exemption
relation to a public interest story. This is why it’s important that
journalists still understand the basics of data protection.
There are a few provisions that are not covered by the exemption and will
always apply. See below for guidance on What is not exempt.
The exemption breaks down into four elements:
(1) the data is processed only for journalism, art or literature;
(2) with a view to publication of some material;
(3) you reasonably believe publication is in the public interest; and
(4) you reasonably believe compliance is incompatible.
The focus will usually be on elements three and four. In essence, you
should have a reasonable argument that the public interest in the story
justifies what would otherwise be a breach of the DPA.
(1) Only for journalism
“32.—(1) Personal data which are processed only for the
special purposes are exempt from any provision to which this
subsection relates if—…”
The special purposes are defined in section 3 as: “(a) the purposes of
journalism, (b) artistic purposes, and (c) literary purposes”.
Journalism, art and literature are interpreted widely. In general, you
won’t need to focus on this too closely, because it overlaps with other
elements of the test. In short, if you are acting with a view to publishing
something in the public interest, it’s highly likely to be for the purposes of
journalism, art or literature.
What is journalism?
There is no definition of journalism in the DPA itself. Taking into account
its everyday meaning and the underlying purpose of protecting freedom
of expression, we consider that it should be interpreted broadly.
This is in line with the European Court of Justice’s ruling in the Satamedia
case (Case C-73/07), which found that the reference to journalism in the
European data protection directive should be interpreted broadly and
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