The journalism exception in UK data protection law. Issue 2 (2nd July 2020)

• Record Type: Journal Article
• Authors: Wong, Benjamin
• Is Part Of: Journal of media law. Volume 12:Issue 2(2020)
• Page Start: 216
• Page End: 236
• Publication Date: 2020-07-02
• Subjects: Data protection -- journalism exception -- GDPR -- DPA 2018; Mass media -- Law and legislation -- Periodicals; Telecommunication -- Law and legislation -- Periodicals; 343.41099
• DOI: 10.1080/17577632.2020.1843326
• Languages: English
• ISSNs: 1757-7632

Abstract

ABSTRACT: This article addresses the application of the journalism exception in UK data protection law. A number of uncertainties arise out of the case law of the CJEU and UK courts, as well as from the changes made to the journalism exception in the new data protection regime under the GDPR and DPA 2018. Three areas within the journalism exception will be discussed: the meaning of 'journalistic purposes', the substantive exemption from liability, and the procedural power to obtain a stay of proceedings. This article will identify the uncertainties affecting each of these three areas, and proposes possible ways by which these uncertainties may be resolved.