Data protection and freedom

Data Protection Officer and further information Data protection Data protection legislation applies to the processing, holding and deletion of personal data that identifies a living individual. It applies to personal data regardless of the format in which the data is held in in other words, it applies equally to paper and electronic records. The legislation confers enhanced rights of privacy for an individual and certain obligations on the Data Controller the body processing the personal data. There are six data protection principles and an individual has the right to request to see their own information.

Data protection and freedom

This bill, now making its way through parliament, has the potential to inhibit investigative journalism. It has alarmed news broadcasters and newspapers alike. Yet thanks to the domination of our media landscape by Brexit, the bill has not received anything like enough attention. That is a grave oversight.

During its second reading in the Lords on 22 November, there were two excellent but under-reported speeches that all politicians who support press freedom should take to heart.

As Lords Colville and Black contended, MPs need to understand the serious implications of allowing clause to be enacted without amendment. Whistleblowers risk being criminalised for obtaining and retaining personal data without consent That is one giant leap backwards from the state of play under the existing act.

At present, if personal data is processed only for journalism or for academic inquiryand its publication can be deemed to be in the public interest, then journalists are exempt from rules that prohibit such personal inquiries.

In common with jurisdictions elsewhere in the world, that journalistic exemption has been considered fair and reasonable.

How can journalism work otherwise? How can power be held to account if that power is able to stifle investigations into itself? Without wishing to be unduly pompous about a trade that, sadly, is not held in the highest public esteem, the whole point of journalism in a democracy stands to be undermined by this new data protection clause.

Sinners could well escape proper scrutiny. Under the new clause, it would be necessary for the documentary maker to seek approval from the information commissioner in advance of filming.

But where are the criteria for her to make such a decision? What tests should she apply to a request by a journalist?

I am sure the commissioner, Elizabeth Denhamhas many excellent qualities, but journalism is not her field. She lacks the editorial expertise and background that would enable her to make the right call. The Guardian view on data protection: That is, in effect, a form of prior restraint on the activity of journalism.

Imagine the time spent ahead of the event by producers and reporters wrangling about whether their methodology is compliant with the act.

Then imagine the next stage: It was a scenario outlined by Lord Black, better known as Guy in his day job as executive director of the Telegraph Media Group. Both Colville and Black were telling it like it is in the real world of journalism.

Our trade is acutely aware that the highest-profile targets of our investigations are the most avid users of the law to prevent the public from knowing what they have done. Lawyers will rub their hands should clause survive. These include the Winterbourne View care home abuse story and the recent Panorama programme on student-loan fraud.

BBC reporters would not contemplate using covert filming on the off chance of catching someone misbehaving.

Data Protection and Freedom of Information Act

Those kinds of fishing expeditions have long been outlawed. New law could criminalise uncovering personal data abuses, advocate warns Read more There is more, however, to trouble us. They, in company with the reporters they contact, risk being criminalised for obtaining and retaining personal data without consent.

Taken with the Investigatory Powers Act, this would represent yet another hurdle journalists face in trying to encourage people to come forward and provide valuable information about wrongdoing. I understand, of course, the need to balance the right to data protection against the right to freedom of expression.

There is a gulf between what people believe should be kept private and what journalists believe should be published or broadcast. The deciding factor must be public interest. But that balance has been observed for the best part of 20 years without undue controversy.

So why the need for change?This Notice has been prepared by the CPU in consultation with the Office of the Data Protection Commissioner and the Office of the Information Commissioner by reference to section 1(5) of the Data Protection (DP) Act and section 12(6) of the Freedom of Information (FOI) Act Data protection is an important concept of data maintenance.

This data protection is achieved by implementing data protection methods and strategies.

Data protection and freedom

Data protection is done to protect the data from unauthorised users. Authorisation depends on the type of data and the rights to access it.

What Version

An. The team is known for advising on the full scope of data protection matters including advising on data protection compliance, dealing with the Office of the Data Protection Commissioner and on preparation for and compliance with the EU General Data Protection Regulation (GDPR), which introduces substantial changes to EU data protection law.

The Data Protection Act is a United Kingdom Act of Parliament designed to protect personal data stored on computers or in an organised paper filing system. It enacted the EU Data Protection Directive 's provisions on the protection, processing and movement of data.

The risk to the rights and freedoms of natural persons, of varying likelihood and severity, may result from personal data processing which could lead to physical, material or non-material damage, in particular: where the processing may give rise to discrimination, identity theft or fraud, financial loss, damage to the reputation, loss of confidentiality of personal .

Data protection authorities in Germany The Federal Republic of Germany is a federation of 16 states which are not just provinces but states with their own original .

Data Protection and Freedom of Information - Walker Morris