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

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Data protection and journalism The journalism exemption These checks will not need to be particularly formalised or onerous in most cases, and you may well have suitable policies and procedures in place already which you can review and adapt if necessary. In fact, data protection checks will work best when embedded in existing editorial judgements, practices and procedures. Expert input and a detailed audit trail are only likely to be helpful in difficult or controversial cases. You might find it helpful to create a standard checklist to suit the needs of your particular organisation, if you don’t already have one. This can act both as a reminder and (if you fill it out) an audit trail to record borderline decisions and help you demonstrate that the exemption applies. What is not exempt Section 32 can exempt you from most of the DPA, but not all of it. It can never exempt you from: Notification. You will still need to register your organisation with the ICO. See The duty to notify in chapter 3. Security. The exemption does not cover the seventh data protection principle. You must always have adequate security measures to protect personal data. See the section in chapter 5 on security. The section 55 offence. You will not be exempt from prosecution if you unlawfully obtain, procure or disclose information in breach of section 55. However, there is a public interest defence within section 55 itself. See the section in chapter 3 on The section 55 offence for more information. The right to object. If you receive a written request from someone to stop (or not to begin) using their personal data because it is likely to cause them substantial and unwarranted damage or distress (a section 10 notice), you must reply within 21 days either agreeing to stop, or explaining why you think their objection is unjustified. The right to opt out of direct marketing. If you receive a written request to stop (or not to begin) using personal data for direct marketing, you must stop within a reasonable period. For more DRAFT 32
Data protection and journalism The journalism exemption information, see The Guide to Data Protection – (B)(6)(c) Preventing direct marketing. The right to compensation for damage and distress. Individuals have the right to claim compensation from you through the courts if they have suffered damage or distress because you breached the DPA. The exemption does not remove this right. In other words, you cannot argue that you are exempt from paying compensation for a breach. However, you can argue that you did not breach the DPA because you were exempt from the underlying provision. You can also defend a claim on the basis that you took reasonable care in the circumstances to avoid a breach. For more information, see the section on court claims in chapter 6. Like any other organisation, you will also need to comply with the DPA when handling personal data which is not related to the publication of a particular story – eg HR records, information about your suppliers or customers, information related to marketing and advertising, or information about property management. Finally, it’s worth repeating that you always need to comply with as much of the DPA as you can. Even if a story is clearly in the public interest, if you can reasonably get it in a way which complies with the standard provisions of the DPA, you must. DRAFT 33
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