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

Data protection and journalism
The journalism exemption
covered the disclosure to the public of information, opinions or ideas by
any means.
Journalism will clearly cover all output on news, current affairs, consumer
affairs or sport. Taken together with art and literature, we consider it will
cover everything published in a newspaper or magazine, or broadcast on
radio or television – in other words, the entire output of the print and
broadcast media, with the exception of paid-for advertising.
This accords with the Supreme Court’s decision in Sugar (Deceased) v
BBC [2012] UKSC 4, which found that ‘journalism, art or literature’ would
cover the whole of the BBC’s output to inform, educate or entertain the
public. (This was a case about the Freedom of Information Act, but the
court drew a direct and explicit parallel with the words in the DPA.)
Example
Top Gear was originally a consumer programme about cars.
This would count as journalism. When the format was changed
to an entertainment programme, it “moved from the pigeonhole
of journalism to that of literature”, but would still be covered.
(Lord Walker, at paragraph 70 of the Sugar case.)
The Supreme Court also confirmed that journalism would involve a wide
range of activities, loosely grouped into production (including collecting,
writing and verifying material), editorial, publication or broadcast, and
management of standards (including staff training, management and
supervision).
In short, the exemption can cover almost all information collected or
created as part of the day to day output of the press and broadcast
media, and comparable online news or current affairs outlets.
However, information about things such as advertising revenue, property
management, financial debt, circulation or public relations would not
usually be held for the purposes of journalism.
Citizen bloggers
We also accept that individuals may be able to invoke the journalism
exemption if they are posting information or ideas for public consumption
online, even if they are not professional journalists and are not paid to do
so.
DRAFT 24