Jane,
I think you will need very deep pockets and a very good case. The public interest test is nearly impossible to breakdown. Max Mosley had to spend a HUGE amount of money to win his case. At each stage, the NOTW fought him as equally hard. Moreover, the press was very much supportive of NOTW because they rely upon the Public Interest to justify any and all invasions of privacy. (This is more than a theoretical argument between Article 10 of HRA against Article 8).
For the average citizen or even the small organisation, the amount of money, time, and bad publicity is very difficult to overcome. The courts are now, relatively, more sympathetic to the individual citizen (at least in terms of legal precedent (Mosley and Naomi Campbell). However, they had a better "case" if you will and even then it was the degree rather than the principle which won it for them.
To put it bluntly and directly, you may wish to review the court cases and find a newspaper or a journalist who has been convicted of a s.55 offence. I am not aware of any.
Even the reporters who have been pursued and the private investigators who have been convicted were not for s.55 offences.
I think the Leveson Inquiry is going to take a closer look at the use of public interest when it finishes. I think most people would be rather alarmed what is done in their name i.e. the public interest. To put it another, more sinister way, what is done to Mosley and Campbell can be done to *any* citizen if it is deemed to be in the "public interest" by a newspaper.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: 21 March 2012 16:08
To: [log in to unmask]
Subject: Re: [data-protection] Publishing of PD by Newspaper
Thank you all.
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 21 March 2012 14:31
To: [log in to unmask]
Subject: Re: [data-protection] Publishing of PD by Newspaper
That should say "If they didn't know, but the *publication* was reckless, also possible offence under s55(3).
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: Wednesday 21 March 2012 14:19
To: [log in to unmask]
Subject: Re: [data-protection] Publishing of PD by Newspaper
That depends...
Did they know it was disclosed to them unlawfully? If yes, possible offence under s55(3) DPA. If they didn't know, but the disclosure was reckless, also possible offence under s55(3).
If they didn't know and didn't act recklessly, there's probably no criminal sanction. However, if the paper does not reasonably believe that publication is in the public interest it would lose the protection afforded by the section 32 DPA journalism exemption, and be vulnerable to enforcement by the ICO, or a claim under s13 DPA.
Additionally, a civil claim for breach of confidence/misuse of private information is open to the data subject, which may well be preceded/accompanied by an application to prevent further publication.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: Wednesday 21 March 2012 14:07
To: [log in to unmask]
Subject: [data-protection] Publishing of PD by Newspaper
If a paper publishes PD which was disclosed to them unlawfully what action can be taken against them?
Barrow Borough Council - Enhancing the economic and social future of the Borough.
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