So, the Leveson Report has been published. Whilst not yet having read all 2000 + pages, the key recommendations that Lord Justice Leveson has made to the Ministry of Justice about the Data Protection
So, the Leveson Report has been published. Whilst not yet having read all 2000 + pages, the key recommendations that Lord Justice Leveson has made to the Ministry of Justice about the Data Protection Act are:
* Amend s. 32 (journalism, liteature and art exemption) including making it narrower
* Amend the right to compensation under s. 13 so that it includes compensation for pure distress
* Repeal certain procedural provisons around journalism in the DPA
* Consider requiring the ICO to give special regard to the balance of the public interest in freedom of expression alongside the public interest in upholding the DPA
* Bring into force amendments made to s. 55 around increasing sentencing and an enhanced defence for the public interest with respect to journalism
* Extend the prosecuting powers of the ICO to include any offence which also constitutes a breach of the Data Protection Principles
* Impose a new duty on the ICO to consult with the Crown Prosecution Service regarding the exercise of any power to undertake criminal proceedings
* Amend the DPA to reconstitute the ICO as an Information Commission led by a Board of Commissioners
The Report also has a whole part examining the relationship between the Press and Data Protection including comments on the structure and workings of the ICO.
* Amend s. 32 (journalism, liteature and art exemption) including making it narrower
* Amend the right to compensation under s. 13 so that it includes compensation for pure distress
* Repeal certain procedural provisons around journalism in the DPA
* Consider requiring the ICO to give special regard to the balance of the public interest in freedom of expression alongside the public interest in upholding the DPA
* Bring into force amendments made to s. 55 around increasing sentencing and an enhanced defence for the public interest with respect to journalism
* Extend the prosecuting powers of the ICO to include any offence which also constitutes a breach of the Data Protection Principles
* Impose a new duty on the ICO to consult with the Crown Prosecution Service regarding the exercise of any power to undertake criminal proceedings
* Amend the DPA to reconstitute the ICO as an Information Commission led by a Board of Commissioners
The Report also has a whole part examining the relationship between the Press and Data Protection including comments on the structure and workings of the ICO.