Chris / List colleagues
Can you confirm (or deny!) my reasonng here?
Thats fine if the two conditions are joined by 'AND' ie both must be
true for S32 rights to be applied
and we are all clear that if NEITHER condition is true then no s32
rights apply
BUT what if only ONE or OTHER condition is true?
ie held for journalism purposes (but not in public interest) [a feasile
scenario]
or not held for jornalism (but is in public interest to have gathered
it? [less feasible]
Then in these two situations, surely no 32 rights attach and if still
held (even on a backup) would be
accessible under SAR rights with no s 32 special purposes exemptions?
Bob Waixel
chris pounder wrote:
> If anyone interested in this, please look at
> http://amberhawk.typepad.com/amberhawk/2012/02/could-the-information-commissioner-have-stopped-the-use-of-ex-directory-numbers-by-the-press.html
> (re section 32 of the Data Protection Act, and seen that the exemption
> negates the application of all the Principles (except the 7th) and
> most of the data subject rights, if personal data are processed for a
> journalism purpose and if the processing is necessary with a “view to
> publication” of the personal data.)
>
> My answers is if there isn’t public interest and isn’t a view to
> publication then S.32 falls away. The issue was raised at Levenson in
> an interesting way.
>
> C
>
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
> Sent: 02 May 2012 16:14
> To: [log in to unmask]
> Subject: [data-protection] Investigative journalism and SAR (phonehacking)
>
> Dear All,
>
> A thought that came to me during the recent discussion of the phone
> hacking testimony was the following issue. If an investigative
> journalist decides to investigate someone, will the information they
> find about the person be accessible under the DPA?
>
> I am not sure the tests necessary would be met to withhold.
>
> In particular, if the investigation never led to publication the
> processing was not with a view to publication. In the case of
> surveillance, would the public interest test be sustained given the
> non-publication? Finally, would access, after the story or when no
> story appears, be compatible with the special purpose?
>
> If that is the case, could the victims of the phone hacking make SARs
> to the various newspapers and media outlets available to find out what
> was held and how it was processed?
>
> I would be interested in how others would approach this issue.
>
> Thanks
>
> Lawrence
>
> Principal Information Management Officer
>
> Durham County Council
>
> Room 4/140
>
> County Hall
>
> County Durham
>
> DH1 5UF
>
> 0191 372 8371
>
> VPN 77778371
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