The Criminal Justice and Immigration Act 2008 received the Royal Assent on 8th May 2008, which amends the UK Data Protection Act 1998 and gives the ICO the power to impose substantial fines on organisations that deliberately or recklessly commit serious breaches of the Data Protection Act 1998. The main provisions to consider is s 77 Criminal Justice and Immigration Act 2008. The other main change is s 78 on new defences for the purposes of journalism and other special purpose when processing personal data. Explanatory note provides that:
"Section 78 inserts a new defence into section 55 of the Data Protection Act 1998. The defence applies when a person acts for journalistic, literary or artistic purposes with a view to the publication of journalistic, literary or artistic material and in the reasonable belief that their actions were justified as being in the public interest." (notwithstanding Pepper v Hart, will need to read through Hansard to look into the background of this as to why this amendment is necessary)
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"Section 78 inserts a new defence into section 55 of the Data Protection Act 1998. The defence applies when a person acts for journalistic, literary or artistic purposes with a view to the publication of journalistic, literary or artistic material and in the reasonable belief that their actions were justified as being in the public interest." (notwithstanding Pepper v Hart, will need to read through Hansard to look into the background of this as to why this amendment is necessary)
See also:
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