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 bill amends the Data Protection Bill to mandate a government inquiry into alleged data protection breaches by national news publishers and other media organizations. The inquiry will investigate the extent of unlawful conduct, corporate governance failures, and the role of others in failing to investigate wrongdoing. It will also review existing regulations and make recommendations to balance privacy rights with freedom of expression.
Description
The amendment adds a new clause to the Data Protection Bill, establishing an inquiry under the Inquiries Act 2005. This inquiry will be led by a judge or other appointed person and will investigate allegations of data protection breaches by national news publishers and other media organizations.
Key Aspects of the Inquiry:
- Investigate unlawful or improper conduct regarding personal data.
- Examine corporate governance failures and the role of politicians and public servants.
- Review protections around media coverage of individuals subject to police inquiries, including the practice of naming suspects before charges or convictions.
- Investigate the dissemination of information, including false news, by social media using personal data.
- Assess the adequacy of current regulatory arrangements for the news publishing industry and social media companies.
- Recommend measures to balance privacy rights with freedom of expression and support press integrity and independence.
The Secretary of State must consult various parties before establishing the inquiry, including Scottish and Northern Ireland Ministers, representatives of victims, and representatives of national news publishers and journalists. The inquiry must consider previous inquiries and avoid wasting public resources. The inquiry will specifically examine events in Northern Ireland.
Government Spending
The bill will lead to government spending on the inquiry itself. The exact cost is not specified in the bill, but it will cover the expenses of the inquiry, including the chair's fees, staff salaries, witness expenses and administrative costs. The bill also aims to avoid wasting public resources by utilizing findings from previous public inquiries where appropriate.
Groups Affected
- National news publishers and other media organisations: 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 and could benefit from potential regulatory improvements.
- Journalists: Their professional practices and the independence of the press will be considered.
- Politicians and public servants: Their roles and actions regarding media organizations may be investigated.
- The Information Commissioner and other relevant authorities: Their powers and resources may be reviewed and potentially changed.
- The Public: The inquiry's outcomes could lead to changes in data protection laws and media practices.
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