Boost for Press freedoms as Dominic Raab considers data law exemption

Boost for Press freedoms as Dominic Raab considers data law exemption for journalists

  • Raab is contemplating exempting journalists from a new data protection code
  • A source close to the Justice Secretary said he would ‘consider the arguments’ 
  •  The editors of the Daily Mail, The Times and The Daily Telegraph wrote to ministers this week urging them to take action to protect the free Press

Dominic Raab is contemplating exempting journalists from a new data protection code amid warnings it could threaten Press freedom.

A source close to the Justice Secretary said he would ‘consider the arguments’ for an exemption after editors warned that the code ‘undermines the very basis of journalism’.

The editors of the Daily Mail, The Times and The Daily Telegraph wrote to ministers this week urging them to take action to protect the free Press.

In a joint letter, they warned that the draft code – which will have to be taken into account by the courts – would damage journalism and turn the Information Commissioner’s Office (ICO) into a statutory regulator for the Press.

Dominic Raab is contemplating exempting journalists from a new data protection code amid warnings it could threaten Press freedom

Under the ICO code, journalists would need to have a ‘lawful reason’ for publishing any personal details of people involved in the news – even those which are clearly public knowledge, such as someone’s job title. 

They would also have to show paper trails of how they decided that there was a public interest in publication – which the letter argues would be time-consuming and impractical in a busy newsroom.

A source close to Mr Raab said he was already determined to use the proposed Bill of Rights to strengthen protections for free speech and journalism.

The source added: ‘He is a strong supporter of the free Press and the principle of freedom of expression and the Bill of Rights already contains measures to strengthen that.

‘The letter from editors has been received and [Mr Raab] is looking at advice on the issue. It is a complex area and he will consider the arguments.’

In a letter to the Mail yesterday, Information Commissioner John Edwards said it was ‘overblown’ to suggest the data protection code was a threat to journalism.

Mr Edwards said the code was designed to ‘assist the media in understanding and meeting their statutory obligations’.

He added: ‘This code will provide guidance about how to comply with data protection law while still enabling journalists to do their important job. 

It does not create new law and there is nothing in our code that constitutes a limit on the freedom of the Press.’

While individuals have a right to privacy in their homes and private lives, Press freedom is ‘fundamentally’ based on being allowed to report on what they say and do in a public arena. 

But the proposed code says that any information held in a digital device about an individual is classed as personal data.

‘Time-consuming and impractical’

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