Leveson data protection plans 'could have chilling effect on journalism'

http://www.guardian.co.uk/media/2013/jan/08/leveson-data-protection-chilling-effect

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Lord Justice Leveson's proposals for tougher data protection laws could have a "chilling effect" on investigative journalism, the information commissioner has warned.

In his official response to Leveson's report, Christopher Graham said there were "legitimate concerns" about the impact the recommendations could have on public interest journalism.

Graham also warned that Leveson's proposals would move the Information Commissioner's Office (ICO) closer to being a mainstream regulator of the press. He said: "The significance of the proposed changes should not be underestimated."

Leveson suggested a number of changes to the Data Protection Act 1998 in his report published in November. Among the reforms, he proposed that the subjects of news stories should be allowed access to information that journalists hold about them. That led to fears in the industry that anonymous sources could be identified.

"The area of subject access is particularly problematic in that there are legitimate concerns about the chilling effect Lord Justice Leveson's proposal might have on investigative journalism," Graham said.

"This area will need very careful consideration. This again is a matter of balance of interests and is ultimately a matter for parliament."

Graham warned that, if adopted, Leveson's proposed reforms could establish the ICO as a second mainstream press regulator – a move he said he would actively oppose.

He said: "Taken as a whole package, Lord Justice Leveson's recommendations on reforming the DPA would, if implemented, move the ICO closer to becoming a mainstream statutory regulator of the press. The significance of the proposed changes should not be underestimated ... The ICO is not actively seeking a wider role in relation to the regulation of the press and does not underestimate the challenges it would bring."

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