Category Archives: Data protection

GDPR ‘no reason to withhold court lists’

Journalists protested when some courts announced they would no longer supply the media with lists of cases that were due to be heard – including charges and details of defendants – because of the General Data Protection Regulation. The Ministry of Justice quickly corrected the “misunderstanding”. Read more.

Media law trainer David Banks wrote a provocative blog post on the affair, in which he also asked why the lists are not available to the public.

Street photographers ‘at risk’ from GDPR?

Publishing candid street photography may fall foul of the General Data Protection Regulation introduced in May 2018, a number of writers have speculated. Facial features and even the fact that someone was in a particular location are now classed as personal data. Consent may be needed for “processing data” in the form of images, and people should know their “data” is being collected: a problem for photographers whose work involves snapping unsuspecting people. The impact of the law will become clear over time. Read more

The GDPR briefing on this website includes advice that photographers should carry privacy notices saying how images will be used, and giving contact details. It suggests that “legitimate purpose” is the best legal justification to cite for their work. It also links to a blog that urges a pragmatic approach: is it realistic to get written consent to use images from everyone at a particular event? Would there be an expectation that a photographer would be at a particular kind of event – which would reduce the need to seek consent from those present?

Lords threaten media on data and Leveson 2

A House of Lords vote calling for the second part of the Leveson Inquiry to commence was denounced as an attempt to curb press freedom. The Lords also narrowly voted for an inquiry into media conduct in relation to data protection, with the threat of draconian penalties. House of Commons approval would be needed for either step to be taken. Read more from Press Gazette,  and The Guardian.

‘Ping pong’ threat as government hits back on press freedom

Culture Secretary Matt Hancock criticized the Lords’ actions, saying they would be a “hammer blow” to local newspapers. But some peers threatened a ping-pong battle with the Commons if the two Houses disagreed, reported Press Gazette on 18 January 2018.

Note: this story was uploaded before the implementation of the EU’s General Data Protection Regulation directive, which toughens up data protection law, from May 2018. 

IPSO gives advice on transgender stories

The rapid evolution of transgender issues prompted the Independent Press Standards Organisation to issue special guidance for journalists. Nearly all parts of the Editor’s Code might come into play. Journalists should ask whether the subject has made their transgender status public, and whether they have applied for formal recognition. Gender identity should only be mentioned if specifically relevant to the story, says IPSO. Read the guidance here.

Note: this story was uploaded to Media Law Matters before the implementation of the EU’s General Data Protection Regulation directive, which toughens up data protection law, from May 2018. 

Data Protection Bill ‘threatens journalism’

The Data Protection Bill making its way through Parliament in late 2017 could remove an exemption enjoyed by journalists under the current Act, meaning they can “process” sensitive information in breach of the normal rules, as long as it is for a story they believe is in the public interest. Read Roy Greenslade’s Guardian blog post on this here.

Note: this story was uploaded to Media Law Matters before the implementation of the EU’s General Data Protection Regulation directive, which toughens up data protection law, from May 2018.