Journalism, literature and art

34.(1) Personal data which is processed only for the purposes of journalism or for artistic or literary purposes is exempt from any provision to which this subsection relates where

(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 purpose of journalism or artistic or literary purposes.

(2) 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 is relevant to the publication in question and is designated by the Minister by order for the purposes of this subsection.

(4) In any proceedings against a data controller where the data controller claims, or it appears that any personal data to which the proceedings relate are being processed

(a) only for the purposes of journalism or for artistic or literary purposes; and

(b) with a view to the publication by any person of any journalistic, literary or artistic material which, at the time 24 hours immediately before the relevant time, had not previously been published by the data controller,

the proceedings shall be stayed until either of the conditions in subsection (5) is met.

(5) The conditions referred to in subsection (4) are

(a) that a determination of the Commissioner 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(b) in a case where the proceedings were stayed on the making of a claim, that the claim is withdrawn.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 section “publication”, in relation to journalistic, literary or artistic material, means make available to the public or any section of the public.