The right to private life and the freedom of expression remain fundamental to society and our way of life. In light of the introduction of the GDPR and the DPA, the ICO has clarified the practices and ethics that the press industry should be adopting to increase the public’s trust and confidence in how personal data is used. Journalism is a sector that continues to be under increasing scrutiny, particularly given the increasing ability for the media to collect vast amounts of personal data, and the ICO has therefore recognised that it is even more important that clear and practical guidance is readily available. Its practical guidance is designed to help address some of the myths associated with journalism and data protection. Much like the Data Protection Act 1998, the DPA 2018 does not offer a blanket exemption from data protection compliance for journalists.
Earlier this year Prince Harry succeeded in his legal battle against Splash News. The photo agency has used a helicopter to capture images inside his rented home. The Duke of Sussex’s’ claims included violations of the GDPR and the DPA 2018, arguing that his privacy had been invaded and his data had been mishandled under the GDPR. While the case was settled before going to trial, it opens the doors for debate over what constitutes personal data. This particular case is a useful reminder that photographs constitute personal data and individuals with whom the photographs are concerned with are entitled to seek financial compensation for damage caused by violation of data protection legislation. This trend is not a new one, in 2017 Kate Middleton succeeded in obtaining a pay out from the French version of Closer magazine who had similarly misused photographs that constituted personal data.
Since the introduction of the GDPR, much of the focus has been on how mobile phone numbers have been illegally obtained and the misuse of personal data has influenced financial campaigns. Recent cases like Prince Harry and Splash News and Cliff Richard v BBC send out a clear, important message to journalists: personal data includes photographs and this data must be handled in a fair and transparent manner, and more importantly, used for a legitimate purpose. Unjustified intrusion is a clear breach of the principles that underpin data protection.