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by Munro Research

Data Protection Act 2018


Official Summary

A Bill to make provision for the regulation of the processing of information relating to individuals; to make provision in connection with the Information Commissioner's functions under certain regulations relating to information; to make provision for a direct marketing code of conduct; and for connected purposes.

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Overview

This amendment to the Data Protection Bill mandates a government inquiry into allegations of data protection breaches by national news publishers and other media organizations. The inquiry will investigate the extent of unlawful conduct, corporate failures, and the role of various actors, and will make recommendations to balance privacy rights with freedom of expression.

Description

This amendment inserts a new clause into the Data Protection Bill, establishing a formal inquiry under the Inquiries Act 2005. The inquiry will examine data protection breaches by national news publishers and other media organizations. Key aspects include:

  • Scope of Inquiry: The inquiry will investigate unlawful or improper conduct regarding personal data, corporate governance failures, the role of politicians and public servants in relation to failures to investigate wrongdoing, and the dissemination of information (including false news) via social media.
  • Consultations: Before setting the terms of reference, the Secretary of State must consult with Scottish Ministers, Northern Ireland Ministers, representatives of victims, and representatives of national news publishers and journalists.
  • Terms of Reference: These will include reviewing protections around media coverage of individuals subject to police inquiries, considering the adequacy of current regulatory arrangements, and making recommendations to balance privacy and freedom of expression while supporting press integrity and independence.
  • Exclusions: The inquiry will specifically exclude local and regional publishers.
  • Consideration of Previous Inquiries: The inquiry may consider evidence and findings from previous public inquiries to avoid wasting resources.

Government Spending

The amendment will incur costs associated with establishing and conducting the inquiry. The exact financial impact is not specified in the bill text.

Groups Affected

  • National news publishers and other media organizations: Subject to investigation and potential regulatory changes.
  • Social media companies: Subject to investigation and potential regulatory changes.
  • Victims of data protection breaches: Their interests will be represented in the inquiry, potentially leading to improved protections.
  • Politicians and public servants: Their potential involvement in failures to investigate wrongdoing will be scrutinized.
  • Journalists: Their professional standards and practices will be examined.
  • The Information Commissioner and other relevant authorities: Their roles and resources may be reviewed and potentially reformed.
Full Text

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