Data Protection Act 1998
1998 Chapter 29 - continued
PART IV, EXEMPTIONS - continued

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Journalism, literature and art.     32. - (1) Personal data which are processed only for the special purposes are exempt from any provision to which this subsection relates if-
 
 
    (a) the processing is undertaken with a view to the publication by any person of any journalistic, literary or artistic material,
 
    (b) the data controller reasonably believes that, having regard in particular to the special importance of the public interest in freedom of expression, publication would be in the public interest, and
 
    (c) the data controller reasonably believes that, in all the circumstances, compliance with that provision is incompatible with the special purposes.
      (2) Subsection (1) relates to the provisions of-
 
 
    (a) the data protection principles except the seventh data protection principle,
 
    (b) section 7,
 
    (c) section 10,
 
    (d) section 12, and
 
    (e) section 14(1) to (3).
      (3) In considering for the purposes of subsection (1)(b) whether the belief of a data controller that publication would be in the public interest was or is a reasonable one, regard may be had to his compliance with any code of practice which-
 
 
    (a) is relevant to the publication in question, and
 
    (b) is designated by the Secretary of State by order for the purposes of this subsection.
      (4) Where at any time ("the relevant time") in any proceedings against a data controller under section 7(9), 10(4), 12(8) or 14 or by virtue of section 13 the data controller claims, or it appears to the court, that any personal data to which the proceedings relate are being processed-
 
 
    (a) only for the special purposes, and
 
    (b) with a view to the publication by any person of any journalistic, literary or artistic material which, at the time twenty-four hours immediately before the relevant time, had not previously been published by the data controller,
  the court shall stay the proceedings until either of the conditions in subsection (5) is met.
 
      (5) Those conditions are-
 
 
    (a) that a determination of the Commissioner under section 45 with respect to the data in question takes effect, or
 
    (b) in a case where the proceedings were stayed on the making of a claim, that the claim is withdrawn.
      (6) For the purposes of this Act "publish", in relation to journalistic, literary or artistic material, means make available to the public or any section of the public.
 
Research, history and statistics.     33. - (1) In this section-
 
 
    "research purposes" includes statistical or historical purposes;
 
    "the relevant conditions", in relation to any processing of personal data, means the conditions-
 
      (a) that the data are not processed to support measures or decisions with respect to particular individuals, and
 
      (b) that the data are not processed in such a way that substantial damage or substantial distress is, or is likely to be, caused to any data subject.
      (2) For the purposes of the second data protection principle, the further processing of personal data only for research purposes in compliance with the relevant conditions is not to be regarded as incompatible with the purposes for which they were obtained.
 
      (3) Personal data which are processed only for research purposes in compliance with the relevant conditions may, notwithstanding the fifth data protection principle, be kept indefinitely.
 
      (4) Personal data which are processed only for research purposes are exempt from section 7 if-
 
 
    (a) they are processed in compliance with the relevant conditions, and
 
    (b) the results of the research or any resulting statistics are not made available in a form which identifies data subjects or any of them.
      (5) For the purposes of subsections (2) to (4) personal data are not to be treated as processed otherwise than for research purposes merely because the data are disclosed-
 
 
    (a) to any person, for research purposes only,
 
    (b) to the data subject or a person acting on his behalf,
 
    (c) at the request, or with the consent, of the data subject or a person acting on his behalf, or
 
    (d) in circumstances in which the person making the disclosure has reasonable grounds for believing that the disclosure falls within paragraph (a), (b) or (c).
Information available to the public by or under enactment.     34. Personal data are exempt from-
 
 
    (a) the subject information provisions,
 
    (b) the fourth data protection principle and section 14(1) to (3), and
 
    (c) the non-disclosure provisions,
  if the data consist of information which the data controller is obliged by or under any enactment to make available to the public, whether by publishing it, by making it available for inspection, or otherwise and whether gratuitously or on payment of a fee.
 
Disclosures required by law or made in connection with legal proceedings etc.     35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.
 
      (2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-
 
 
    (a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
 
    (b) for the purpose of obtaining legal advice,
  or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
 
Domestic purposes.     36. Personal data processed by an individual only for the purposes of that individual's personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III.
 
Miscellaneous exemptions.     37. Schedule 7 (which confers further miscellaneous exemptions) has effect.
 
Powers to make further exemptions by order.     38. - (1) The Secretary of State may by order exempt from the subject information provisions personal data consisting of information the disclosure of which is prohibited or restricted by or under any enactment if and to the extent that he considers it necessary for the safeguarding of the interests of the data subject or the rights and freedoms of any other individual that the prohibition or restriction ought to prevail over those provisions.
 
      (2) The Secretary of State may by order exempt from the non-disclosure provisions any disclosures of personal data made in circumstances specified in the order, if he considers the exemption is necessary for the safeguarding of the interests of the data subject or the rights and freedoms of any other individual.
 
Transitional relief.     39. Schedule 8 (which confers transitional exemptions) has effect.
 
 
 
 
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