The document discusses the Information Commissioner's Office (ICO) guidance for journalists on complying with the Data Protection Act (DPA) and examines the journalistic exemption and competing public interests surrounding it. It notes that the guidance focuses too much on freedom of expression as an inherent public interest and shies away from weighing competing privacy and data protection interests in each case. The modern media landscape of social and new media further challenges the guidance by blurring the lines between journalism and other purposes. The author concludes that the guidelines may soon be made irrelevant by these changes to the media environment.
Report on national courts, social media and convergenceOles Kulchytskyy
The present report examines judicial approaches to social media and convergence. It identifies the jurisprudence of supreme, constitutional and appellate courts in a selected set of European Union (EU) countries that form part of the Compact project. It discusses key characteristics of related jurisprudence, and it examines judicial reasoning by exploring the interpretative efforts of judges and their contribution to the protection and balancing of distinct fundamental rights and interests in the realm of social media. The report also delves into patterns of judicial interaction between courts.
The information is prepared by the team of the COMPACT project (http://compact-media.eu/).
COMPACT is a Coordination and Support Action funded European Commission under framework Horizon 2020.
The objective of the COMPACT project is to increase awareness (including scientific, political, cultural, legal, economic and technical areas) of the latest technological discoveries among key stakeholders in the context of social media and convergence. The project will offer analyses and road maps of related initiatives. In addition, extensive research on policies and regulatory frameworks in media and content will be developed.
The Challenges of Implementing Freedom of Information Act by the Civil Societ...Triple A Research Journal
The study was carried out to determine the challenges and difficulties encountered by the Civil Society Organisations (CSOs) in Lagos State, while utilising the FoIA to access information. The study was predicated on two theories – Public Sphere, and Social Responsibility theories. The objectives, among other things, were to investigate and evaluate the duration odd time expended in accessing information under the FoIA and the challenges and difficulties encountered, while utilizing the FoIA. Interview schedule was used to elicit information from the three CSOs – SERAP, CLO, MRA purposively selected. Analysis revealed that the CSOs in Lagos state encountered challenges and difficulties in the areas of procedure, release of information, and the effect of the Official Secret Act 1962, amongst others. The study also found out, that majority of the information accessed under the FoIA by the CSOs in Lagos state were accessed outside the seven (7) days’ timeframe stipulated by the FoIA in Section 4. Based on the forgoing, it was recommended, amongst others, that the difficulties and challenges identified by this study should be, urgently, presented or tabled before the appropriate quarters – Attorney general, who the law imbued with the supervisory function over the implementation of the FoIA; and to the National Assembly for amendment.
Keywords: Civil Society Organisations, Challenges, Freedom of Information Act, Implementation
Evaluations of community policing project for peace and security in West Poko...paperpublications3
Abstract: This research sought to examine the evaluation of Community Policing project “Nyumba Kumi Initiative” for peace and security in West Pokot County. The objectives of the study were to establish the extent of community partnership in community policing in West Pokot, assess the nature of personal relationship (citizen involvement) in the improvement of security situation in West Pokot County and suggested effective strategies for peace and security in West Pokot. The study targeted both the security officers and public members who are involved directly or indirectly with security members. Data for this study was obtained from both primary and secondary sources. The study adopted a constructivist (qualitative) and quantitative analysis based in West Pokot with data primarily collected through interviews.. The research was guided by a liberal peace theory which entailed mutual combination of factors used by community policing actors, and other actors on the relevance of peace and security by dealing with the conflict cycle from the structural causes of the struggle to its resolution and the assurance of a peaceful co-existence. The study established that insecurity in West Pokot reoccurs because of the adoption of ineffective methods of peace building, reconciliation and lack of community involvement. The study also found that complementary approach to peace building and policing efforts for long lasting peace is imperative. Today, a policing strategy which incorporates the communities as co-producers of their own security and safety has taken priority as a conflict management tool thus the birth of Community Policing or community oriented- policing. Community policing is one of the more significant recent developments in policing and the notion has been widely discussed and applied around the world. The recommendation established that the variety of conceptions about community policing highlight the complex nature of the notion and the many factors shaping its varied practices; police assumptions as to what constitutes good practice in community policing and what success might look like, deserve to be re-examined. The social constructions that police and citizens hold about community policing provide valuable sources of insight which challenge some of the conventional understandings regarding policing priorities.
What is citizen lobbying? How to create assertive citizens who can help counter the influence exercised by special interest groups in the policy process? This practical booklet shows few tools and resources useful to undertake a lobbying action by civil society, NGOs and citizens. Make your voice heard!
Report on national courts, social media and convergenceOles Kulchytskyy
The present report examines judicial approaches to social media and convergence. It identifies the jurisprudence of supreme, constitutional and appellate courts in a selected set of European Union (EU) countries that form part of the Compact project. It discusses key characteristics of related jurisprudence, and it examines judicial reasoning by exploring the interpretative efforts of judges and their contribution to the protection and balancing of distinct fundamental rights and interests in the realm of social media. The report also delves into patterns of judicial interaction between courts.
The information is prepared by the team of the COMPACT project (http://compact-media.eu/).
COMPACT is a Coordination and Support Action funded European Commission under framework Horizon 2020.
The objective of the COMPACT project is to increase awareness (including scientific, political, cultural, legal, economic and technical areas) of the latest technological discoveries among key stakeholders in the context of social media and convergence. The project will offer analyses and road maps of related initiatives. In addition, extensive research on policies and regulatory frameworks in media and content will be developed.
The Challenges of Implementing Freedom of Information Act by the Civil Societ...Triple A Research Journal
The study was carried out to determine the challenges and difficulties encountered by the Civil Society Organisations (CSOs) in Lagos State, while utilising the FoIA to access information. The study was predicated on two theories – Public Sphere, and Social Responsibility theories. The objectives, among other things, were to investigate and evaluate the duration odd time expended in accessing information under the FoIA and the challenges and difficulties encountered, while utilizing the FoIA. Interview schedule was used to elicit information from the three CSOs – SERAP, CLO, MRA purposively selected. Analysis revealed that the CSOs in Lagos state encountered challenges and difficulties in the areas of procedure, release of information, and the effect of the Official Secret Act 1962, amongst others. The study also found out, that majority of the information accessed under the FoIA by the CSOs in Lagos state were accessed outside the seven (7) days’ timeframe stipulated by the FoIA in Section 4. Based on the forgoing, it was recommended, amongst others, that the difficulties and challenges identified by this study should be, urgently, presented or tabled before the appropriate quarters – Attorney general, who the law imbued with the supervisory function over the implementation of the FoIA; and to the National Assembly for amendment.
Keywords: Civil Society Organisations, Challenges, Freedom of Information Act, Implementation
Evaluations of community policing project for peace and security in West Poko...paperpublications3
Abstract: This research sought to examine the evaluation of Community Policing project “Nyumba Kumi Initiative” for peace and security in West Pokot County. The objectives of the study were to establish the extent of community partnership in community policing in West Pokot, assess the nature of personal relationship (citizen involvement) in the improvement of security situation in West Pokot County and suggested effective strategies for peace and security in West Pokot. The study targeted both the security officers and public members who are involved directly or indirectly with security members. Data for this study was obtained from both primary and secondary sources. The study adopted a constructivist (qualitative) and quantitative analysis based in West Pokot with data primarily collected through interviews.. The research was guided by a liberal peace theory which entailed mutual combination of factors used by community policing actors, and other actors on the relevance of peace and security by dealing with the conflict cycle from the structural causes of the struggle to its resolution and the assurance of a peaceful co-existence. The study established that insecurity in West Pokot reoccurs because of the adoption of ineffective methods of peace building, reconciliation and lack of community involvement. The study also found that complementary approach to peace building and policing efforts for long lasting peace is imperative. Today, a policing strategy which incorporates the communities as co-producers of their own security and safety has taken priority as a conflict management tool thus the birth of Community Policing or community oriented- policing. Community policing is one of the more significant recent developments in policing and the notion has been widely discussed and applied around the world. The recommendation established that the variety of conceptions about community policing highlight the complex nature of the notion and the many factors shaping its varied practices; police assumptions as to what constitutes good practice in community policing and what success might look like, deserve to be re-examined. The social constructions that police and citizens hold about community policing provide valuable sources of insight which challenge some of the conventional understandings regarding policing priorities.
What is citizen lobbying? How to create assertive citizens who can help counter the influence exercised by special interest groups in the policy process? This practical booklet shows few tools and resources useful to undertake a lobbying action by civil society, NGOs and citizens. Make your voice heard!
ConnectIn 2015 - 5 idées qui changent le monde du recrutementPierre Bernard
Chaque année, ConnectIn est une occasion de vous retrouver, et de regrouper la communauté des Ressources Humaines qui s’intéresse à cet outil qu’est LinkedIn, une communauté qui a envie de networker.
L’année dernière, LinkedIn avait fait des propositions autour de thématiques portées le plus souvent par les collaborateurs. L’innovation aujourd’hui, c’est de donner la parole à un certain nombre de professionnels sur des sujets transverses : la diversité, le recrutement par affinités, les émotions, l’actualité de LinkedIn, ou encore l’Audace POUR SE SURPASSER.
ConnectIn 2015 - 5 idées qui changent le monde du recrutementPierre Bernard
Chaque année, ConnectIn est une occasion de vous retrouver, et de regrouper la communauté des Ressources Humaines qui s’intéresse à cet outil qu’est LinkedIn, une communauté qui a envie de networker.
L’année dernière, LinkedIn avait fait des propositions autour de thématiques portées le plus souvent par les collaborateurs. L’innovation aujourd’hui, c’est de donner la parole à un certain nombre de professionnels sur des sujets transverses : la diversité, le recrutement par affinités, les émotions, l’actualité de LinkedIn, ou encore l’Audace POUR SE SURPASSER.
State of the art research on Convergence and Social Media A Compendium on R&D...Oles Kulchytskyy
The information is prepared by the team of the COMPACT project (http://compact-media.eu/).
COMPACT is a Coordination and Support Action funded European Commission under framework Horizon 2020.
The objective of the COMPACT project is to increase awareness (including scientific, political, cultural, legal, economic and technical areas) of the latest technological discoveries among key stakeholders in the context of social media and convergence. The project will offer analyses and road maps of related initiatives. In addition, extensive research on policies and regulatory frameworks in media and content will be developed.
European Data Protection and Social NetworkingDavid Erdos
These slides explore significant issues arising under data protection for both users and platforms as a result of the publication of third party personal data on such sites. Although the GDPR’s new wording of the household exemption could potentially exclude non-intrusive processing (e.g. sharing innocuous pictures taken in public), the Court of Justice of the EU (CJEU) is increasingly insistent that users acquire responsibilities when the publish such data to an indeterminate number. In principle, most EU Data Protection Authorities (DPAs) accept this although others including the UK and Irish have been very resistant. Many users could therefore have weighty data protection obligations here, although if contributing to a collective public debate they may be covered by the journalistic/special expression derogation and in any case there is a need for a balance with freedom of expression. CJEU ʻjoint controllerʼ case law also points to social networking sites have their own duties here, a proposition which has been backed by Working Party, the UK DPA and the UK courts. Whilst the e-Commerce ʻhostʼ shield should significantly limit ex ante responsibility here, this must be tempered by the ʻduty of careʼ which is inherent in being a ʻcontrollerʼ under data protection. In sum, data protection in principle remains central to the regulation of ʻonline harmsʼ here although ensuring effective and well-balanced regulation in practice remains a formidable challenge.
See further:
“Intermediary Publishers and European data protection: Delimiting the ambit of responsibility for third-party rights through a synthetic interpretation of the EU acquis”, International Journal of Law and Information Technology (Vol. 26(3), pp. 189-225) (2018) - https://academic.oup.com/ijlit/article/26/3/189/5033541
“Beyond ʻHaving a Domesticʼ? Regulatory Interpretation of European Data Protection Law and Individual Publication”, Computer Law and Security Review (Vol. 33 (3), pp. 275-297) (2017) - Pre-print https://www.repository.cam.ac.uk/handle/1810/263883
NORMES INTERNATIONALES SUR LA TRANSPARENCE ET LA RESPONSABILISATIONJamaity
Produit en collaboration avec le Centre pour le droit et la démocratie, ce document d'information se fonde sur deux sources de droit mous et durs pour illustrer les fondements du droit international en matière de transparence et de responsabilité.
Data Protection and Journalism: The Changing LandscapeDavid Erdos
These slides provide an overview of the changing landscape for data protection and journalism in decade or so since the Leveson Inquiry. As well as detailing the core public interest and incompatibility tests, they look at developments in case law, at the ICO and under the GDPR and DPA 2018. They are intended to provide background to the ICO consultation on a data protection and journalism code of practice which runs until 10 January 2022.
1. The journalistic exemption
Section 32 of the DPA provides an
exemption for journalists to have
to comply with their obligations
under the DPA. The exemption is
limited to circumstances where the
journalist is processing data for
journalistic purposes and with a
view to broadcast or publication of
at least some of the data. The
journalist must also have a
reasonable belief that the story is in
the public interest and that
compliance with the DPA is
incompatible with his or her
investigation and publication. It is
right that the ICO’s guidance
focuses on the exemption and the
concept of the public interest that
permeates every aspect of its
application.
The public interest
In his report1
, Lord Justice Leveson
noted that, ‘the ‘public interest’ is
[…] not a monolithic concept. Nor
is it the particular property of the
press or any other organisation or
sector.’2
The ICO’s guidance stresses
that there is no definitive test of
what is in the public interest
although weight is attached to the
existing industry code definitions
provided by the Independent Press
Standards Organisation (IPSO),
the Office of Communications
(Ofcom) and the BBC’s Editorial
Guidelines. The public interest is
fact sensitive and will differ from
case to case, and each claim will
need to be justified on its own
merits. Comparable material
published in the past may be
relevant but not determinative.
However, undue emphasis is
placed on the ‘general public
interest in freedom of expression,’
and the fact that, ‘The ICO
recognises that there is an inherent
public interest in freedom of
expression itself, regardless of the
specific content of the story.’ The
affirmation of the ‘inherent’ public
interest in the freedom of
expression risks an approach
divergent to the courts. In
Campbell, Baroness Hale noted
that, ‘There are undoubtedly
different types of speech, just as
there are different types of private
information, some of which are
more deserving of protection in a
democratic society than others.’3
Insufficient emphasis on
competing public interests
The point that the ICO’s guidance
shies away from is that there are
competing public interests - all of
which need to be weighed in the
balance on a case by case basis as
articulated by Lord Steyn in Re. S4
:
First the journalist must
acknowledge that neither his or her
right to freedom of expression has
precedence over the data subject’s
right to privacy. The rights under
Articles 8 and 10 are of equal
value. Neither can be regarded as a
‘trump card’ or to have, ‘inherent’
or ‘presumptive authority.’
Second, where the values under
the two articles are in conflict, the
court must conduct a ‘parallel
analysis’. As the then President of
the Family Division Sir Mark
Potter put it, ‘The exercise to be
performed is one of parallel
analysis in which the starting point
is presumptive parity in that
neither Article has precedence over
or ‘trumps’ the other. The exercise
of parallel analysis requires the
court to examine the justification
for interfering with each right and
the issue of proportionality is to be
considered in respect of each. It is
not a mechanical exercise to be
decided upon the basis of rival
generalities. An intense focus upon
the comparative importance of the
specific rights being claimed in the
individual case is necessary before
the ultimate balancing test in terms
of proportionality is carried out.’5
Third, the justifications for
interfering with or restricting each
party’s right must be taken into
account and are likely to include
the following:
(a) Is there a pressing social need
for the restriction of one party’s
right?
(b) Are the reasons for restricting
either party’s right relevant and
sufficient?
(c) Is the restriction to one party’s
right proportionate; being no
wider than is necessary to protect
the other party’s?
(d) How confidential is the
information? The more
confidential it is, the harder it will
be to justify disclosure.
As the ICO’s guidance makes
clear, each case is ‘necessarily fact
sensitive.’6
However, the guidance
also asserts that, ‘It is in the public
interest to have a free and
independent media informing the
public about current events and
providing information of general
interest to the audience.’ This
articulation gets dangerously close
to suggesting that what is
JOURNALISM
In September 2014, the Information
Commissioner’s Office (ICO)
published guidance to editors and
journalists on how to comply with
their obligations under the Data
Protection Act 1998 (DPA). The
long-awaited guide was produced
in response to a recommendation in
the Leveson Report. Leveson’s
Inquiry was criticised for its focus on
the traditional media, rather than the
new and social media that now
dominates journalism and the
consumption of news, and the
same concern extends to the ICO’s
guidance. Magnus Boyd, Partner at
Hill Dickinson, examines the ICO
guidance, the competing interests
surrounding the journalistic
exemption under the DPA, and the
modern media.
15Data Protection Law & Policy - February 2015
Exemptions and competing
interests in a modern media
2. However, the exemption only
covers information processed for
journalism so if an organisation is
also using the same information
for any other purpose, the
exemption cannot apply.
The division between
information gathering for
journalistic purposes as opposed to
lobbying or public relations is
blurring. The relevance of the
ICO’s guidance is likely to decrease
in the ensuing haze.
Conclusion
Emily Bell noted that, ‘Lord Justice
Leveson more than once referred
to the internet as ‘the elephant in
the room.’’10
It looks increasingly
likely that the ICO’s guidelines will
soon be trampled into dust by that
particular elephant as less and less
journalistic activity takes place in
the media organisations for whom
the guidelines were produced.
Magnus Boyd Partner
Hill Dickinson, London
magnus.boyd@hilldickinson.com
1. ‘In discharge of its functions and duties to
promote good practice in areas of public
concern, the Information Commissioner’s Office
should take immediate steps, in consultation
with the industry, to prepare and issue
comprehensive good practice guidelines and
advice on appropriate principles and standards
to be observed by the press in the processing
of personal data. This should be prepared and
implemented within six months from the date of
this Report.’ Part H, Chapter 5, para 2.72 and
page 1113, Chapter 7, Volume 3 of Lord
Justice Leveson’s Report following the Inquiry
into the culture, practices and ethics of the
Press, November 2012.
2. 3.1, Volume 1 Lord Justice Leveson’s Report
following the Inquiry into the culture, practices
and ethics of the Press, November 2012
3. Campbell v. MGN Limited [2004] UKHL 22.
4. Re. S (a child) [2005] UKHL 47.
5. A Local Authority v. W [2005] EWHC 1564
(Fam).
6. Christopher Hutchinson (formerly known as
‘KGM’) v News Group Newspapers and others
[2011] EWCA civ 808, para 26
7. T v. BBC [2007] EWHC 1683 (QB), para 17.
8. Tietosuojavaltuutettu v. Satakunnan
Markkinapörssi Oy and Satamedia Oy ECJ
Case C‑73/07 16 December 2008.
9. Sugar (Deceased) v. BBC [2012] UKSC4.
10. ‘The Leveson inquiry is irrelevant to 21st-
century journalism’, Emily Bell, The Guardian,
28 November 2012.
JOURNALISM
interesting to the public is in the
public interest. It also undermines
the principle that, ‘It is necessary to
evaluate the exercise of that right
[Article 10] not as a matter of
generality, but in the particular
circumstances of the case.’7
Fourth, the ‘ultimate balancing
test’ of proportionality must be
applied to each party’s competing
rights. The ICO’s guidance invokes
the concept of proportionality
without giving it sufficient weight.
The guidance states that, ‘any
consideration of what is in the
Public Interest must involve an
element of proportionality,’ when it
is a fundamental tenet of every
stage of the evaluation process.
New forms of journalism
The ICO’s guidance is also
challenged by the plurality of
modern news gathering. While
there is no definition of journalism
in the DPA, the ICO has rightly
chosen a broad interpretation to
cover the disclosure to the public
of information, opinions or ideas
in any forum or media8
and
including anything published in a
newspaper or magazine or
broadcast on radio or television9
.
Citizen bloggers may be able to
invoke the journalism exemption if
they are posting information or
ideas for public consumption
online, even if they are not
professional journalists and are not
paid to do so. Non-media
organisations may also be able to
invoke the exemption if their
purpose in processing the specific
information is to publish
information, opinions or ideas for
general public consumption: this
will count as a journalistic purpose.
Data Protection Law & Policy - February 201516
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The point
that the ICO’s
guidance
shies away
from is that
there are
competing
public
interests - all
of which
need to be
weighed in
the balance
on a case by
case basis as
articulated by
Lord Steyn in
Re. S