GDPR act 2018 exempts journalism. Discuss please!

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TonyGamble Veteran Member • Posts: 3,013
GDPR act 2018 exempts journalism. Discuss please!

I have read the assorted GDPR threads around this forum but not found anyone who has commented on Paragraph 26 of the new act

http://www.legislation.gov.uk/ukpga/2018/12/schedule/2/paragraph/26/enacted

This is a follow on from the old DPA of 1998

https://inforrm.org/2017/03/28/the-journalism-exemption-in-the-data-protection-act-part-1-the-law-hugh-tomlinson-qc/

I worry that a lot of organisations (note I do not say companies) are being frightened and misinformed by 'consultants'.

As a paid up member of the NUJ I am working as an unpaid volunteer putting together an illustrated history book of a club. I well understand the obligations of that Club to protect the confidential information it holds on its Members and Staff on its databases.

The Club's contract with its staff may even contain a clause that photographs of them working cannot be published without their permission (and the HR manager does believe she must get permissions). If it does then I believe that restriction falls under an employment agreement and is nothing to do with GDPR because pubishing a book that shows them going about their duties is legitimate journalism as described in the new act.

I continue to argue that an illustrated history of the Club is legitimate journalism and consequently showing pictures of the Members is not an infringement of the GDPR - even when we use captions to identify them by name. Does anyone think I am wrong.

By way of comparison every month I receive a magazine published by a car club I joined twenty years ago. Every edition is full of pictures of members and their cars. If the GDPR act defines this as an infringement of members' rights all similar magazines will have to cease publication.

Back to my header. Is this not Paragraph 26 is there to protect?

Tony

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