Recent years have seen an exponential growth of the internet and information technology, creating new challenges in respect of protecting the privacy and confidentiality of personal information. Added to this are widespread concerns about the increased commercial trade in personal data, which encourages unscrupulous purloining of personal information for often lucrative returns. Statistics indicate that tabloid journalists are key recipients of such data. Whilst journalists have a right to freedom of expression, as guaranteed by Article 10 of the European Convention on Human Rights (“ECHR”), our legal system requires that right to be balanced with the right of individuals to privacy.

Respect for privacy is a fundamental cornerstone of a democratic society. The right to a private life is protected by Article 8 of the ECHR. Article 8 creates a layer of protection in relation to all matters concerning the home and family life, and the Data Protection Act 1998 (“the DPA”) complements this by providing an additional layer of protection specifically in relation to an individual’s personal data.

Section 55 of the DPA creates an offence to knowingly or recklessly obtain, disclose or procure personal data, in the absence of the consent of the organisation holding the data. As the law currently stands, offences under this section are punishable only by way of a fine.

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