Limits of the Media Exemption [2006] IEDPC 6

Limits of the Media Exemption [2006] IEDPC 6

The public interest exemption under section 22A did not apply because the publication of the photograph and text relating to the data subject and child could not be justified as being in the public interest. The processing of personal data was not fair as required under sections 2(1)(a) and 2A of the Data Protection Acts.

Citation
[2006] IEDPC 6
Parties
Complainant: Complainant (well-known individual and child); Respondent: Newspaper Z
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Decision by Data Protection Commissioner
Outcome
Complaint upheld; breach of Data Protection Acts found.
Legal Topics
Media Exemption, Public Interest, Children's Privacy, Processing of Personal Data
Data Protection Media Law Privacy Law Media Exemption Public Interest Children's Privacy Processing of Personal Data

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Complainant (well-known individual and child)

Complainant

Newspaper Z

Respondent

Procedural Posture

Data Protection Complaint / Decision by Data Protection Commissioner

Legal Issues

  1. 1 Whether the public interest exemption under section 22A of the Data Protection Acts applies to the publication of a photograph and text relating to a well-known individual and their child
  2. 2 Whether the processing of personal data was fair under sections 2(1)(a) and 2A of the Data Protection Acts

Ratio Decidendi

The public interest exemption under section 22A did not apply because the publication of the photograph and text relating to the data subject and child could not be justified as being in the public interest. The processing of personal data was not fair as required under sections 2(1)(a) and 2A of the Data Protection Acts.

Court Disposition

Complaint upheld; breach of Data Protection Acts found.

Orders

  • The publication by Newspaper Z was found to have breached the Data Protection Acts.
  • The journalistic exemption under section 22A did not apply.