Narrow Section 32 Exemption Scope
Leveson Inquiry · An Inquiry into the Culture, Practices and Ethics of the Press · Issued 29 November 2012 · Addressed to: UK Government
Source — verbatim from the inquiry
●Inquiry recommendation
The exemption in section 32 of the Data Protection Act 1998 should be narrowed in scope, so that it no longer allows, by itself, for exemption from: (a) the requirement of the first data protection principle to process personal data fairly (except in relation to the provision of information to the data subject under paragraph 2(1)(a) of Part II Schedule 1 to the 1998 Act) and in accordance with statute law; (b) the second data protection principle (personal data to be obtained only for specific purposes and not processed incompatibly with those purposes); (c) the fourth data protection principle (personal data to be accurate and kept up to date); (d) the sixth data protection principle (personal data to be processed in accordance with the rights of individuals under the Act); (e) the eighth data protection principle (restrictions on exporting personal data); and (f) the right of subject access. The recommendation on the removal of the right of subject access from the scope of section 32 is subject to any necessary clarification that the law relating to the protection of journalists' sources is not affected by the Act.
Leveson Inquiry, An Inquiry into the Culture, Practices and Ethics of the Press · 29 Nov 2012 Source PDF →
Published evidence summary
Publicly available evidence relating to this recommendation:
- Schedule 2, Part 5 of the Data Protection Act 2018 narrowed the journalism exemption in line with this recommendation. The exemption no longer provides blanket exemption from data protection principles. It permits derogation from specific listed GDPR provisions only where processing is necessary for journalistic purposes and publication would be in the public interest (Data Protection Act 2018, Schedule 2, Part 5, legislation.gov.uk).
- The requirement to process personal data fairly under the first data protection principle is no longer fully exempted — the new provision requires a public interest assessment and regard to relevant codes of practice (Data Protection Act 2018, Schedule 2, Part 5, paragraph 26, legislation.gov.uk).
Response — verbatim from government
●UK Government
The Prime Minister stated on 29 November 2012: "I am instinctively concerned about this proposal. There is a real danger of this recommendation being used to curb freedom of the press. We need to consider this very carefully - particularly the impact this could have on investigative journalism." The Data Protection Act 2018 retained a broad journalism exemption (Schedule 2, Part 5) and did not implement this specific recommendation. Source: https://www.gov.uk/government/speeches/david-cameron-statement-in-response-to-the-leveson-inquiry-report
UK Government · 29 Nov 2012 Written response →
Evidence trail — what's actually happened since
- 23 May 2018 · UK Parliament The Data Protection Act 2018 did not narrow the journalism exemption's scope as Leveson recommended. The exemption still provides broad protection from multiple data protection principles when processing for journalism. View source → Not Implemented
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Source and Response are verbatim from primary documents. The Evidence trail records published activity since — written statements, consultation outcomes, inspection findings, parliamentary references. The Index does not paraphrase or characterise intent; it tracks what has been published. Where the evidence is the absence of action (a missed deadline, a slipped timetable), that absence is documented from primary sources rather than inferred.
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