36. Journalism, literature and art

36.—

1. Personal data which are processed only for the special purposes are exempt from the provisions specified in subsection (2) if—

(a) the processing is undertaken with a view to, or consists of, 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 or the right to seek, receive, distribute or disseminate information, opinions and ideas through any media, 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 special purposes.

2. The provisions referred to in subsection (1) are—

(a) the data protection standards, other than the seventh standard;

(b) section 6;

(c) section 11;

(d) section 12; and

(e) section 13(3) and (4).

3. In considering for the purposes of subsection (1)(b) whether the belief is a reasonable one, regard may be had to the data controller’s compliance with any code of practice which—

(a) is relevant to the publication in question; and

(b) is designated by the Commissioner by order published in the Gazette for the purposes of this subsection.

4. Where at any time (“the relevant time”) in any proceedings against a data controller under section 6(6), 11(5), 12(5) or 13(5), or by virtue of section 69, the data controller claims, or it appears to the Commissioner, that any personal data to which the proceedings relate are being processed—

(a) only for the special purposes; and

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

the Court shall stay the proceedings until either of the conditions specified in subsection (5) is met.

5. The conditions mentioned in subsection (4) are—

(a) that a determination of the Commissioner under section 50 (determination by Commissioner as to the special purposes) with respect to the personal data in question takes effect; or

(b) in a case where the proceedings were stayed on the making of a claim, that claim is withdrawn.

6. For the purposes of this Act, “publish”, in relation to journalistic, literary or artistic material, means make available to the public or any section of the public.