If you meet the criteria to apply the journalism exemption, you no longer have to comply with the requirement to use accurate personal information. This section of the code sets out what the legislation says and how to comply when you are not applying the exemption (See Apply the journalism exemption).
What does the legislation say?
7.1 You must use personal information that is accurate and, where necessary, keep it up-to-date.
What does accurate mean?
Accurate means correct or not misleading as to any matter of fact.
7.2 You must take reasonable steps to make sure that personal information is accurate, even in lower profile stories.
7.3 In some circumstances, you may not be able to carry out your usual accuracy checks. However, you must still be able to demonstrate that you considered what steps are reasonable and how to manage the risks appropriately (see Demonstrate how you comply).
7.4 If people complain that you have used inaccurate personal information about them, you must help people to exercise their individual rights under data protection law (see Help people to use their rights).
How do we comply?
7.5 Personal information does not become inaccurate because of new facts that did not exist at the time. For example, personal information contained in news archives remains accurate as long as it is clear that it is part of a news archive.
7.6 If personal information is deliberately inaccurate, and this is obvious from the context, it is unlikely to breach the accuracy principle (eg satire or parody).
7.7 A record of an opinion is not necessarily inaccurate personal information just because someone disagrees with it, or it is later proven to be wrong. Opinions are, by their nature, subjective and not intended to record matters of fact.
Reasonable steps to make sure personal information is accurate
7.8 To take reasonable steps to make sure personal information is accurate, you should:
- make sure the source of the information is clear where possible;
- consider challenges about accuracy as appropriate; and
- consider whether you need to update the information.
7.9 To decide what is a reasonable step, you should consider the circumstances, in particular, the nature of the personal information and what you are using it for. Generally, the greater the risk of harm to someone, the more thoroughly you should check that you are using accurate personal information.
7.10 You can consider the journalistic context when deciding what steps are reasonable to make sure personal information is accurate. There may be some circumstances when it is in the urgent public interest to publish personal information without carrying out your normal accuracy checks. For example, this may occur when broadcasting live. However, someone at an appropriate level should always consider whether it is reasonable to publish or broadcast personal information and consider how to manage the risks.
7.11 If possible, you should be clear about the source of the personal information when you publish or broadcast a story. When you need to protect a source, you may still be able to give some general information (eg about their status).
7.12 You should take particular care when using online material, especially social media, or other user-generated content, which may be mistakenly or deliberately inaccurate and is easily spread.
7.13 Wherever appropriate and proportionate, you should keep records about your sources and other research that you use to report someone’s personal information. This allows others to verify the accuracy of the information you use where necessary, such as if there is a later dispute.
7.14 To decide whether you need to update information, you should consider what you are using it for. If the information needs to be current for you to use it, you should take proportionate steps to keep it up-to-date.
Reference notes
These reference notes support the Data protection and journalism code of practice (the code) but are not part of the statutory code itself.
7.4 Monitoring complaints and recurring themes
Recording inaccuracies and monitoring any recurring themes may help you to review your processes and make improvements, where needed.
7.10 Reasonable accuracy checks under time pressure
There may be circumstances when you decide that it is in the urgent public interest to publish personal information without carrying out normal accuracy checks.
If you are not able to carry out your usual accuracy checks because there is an urgent public interest, relevant factors for you to consider may include:
- what checks might be possible;
- whether publication could be delayed; and
- the nature of the public interest at stake.
Simple accuracy checklists may help you to check personal information is accurate when you are working at pace.
Case law example 7
DPA 1998 - Fact and opinion (paragraph 7.7 of the code)
High Court
Aven and Others v Orbis Business Intelligence Limited [2020] EWHC 1812 (QB)
In this case, which concerned a claim brought under the DPA 2018, the judge used principles from defamation law to consider a dispute about accuracy.
Reflecting on whether a statement is a fact or an opinion, the judge said:
“The DPA contains no guidance on this topic. But this is an issue that arises frequently in defamation cases. The principles are very well established and familiar to this court.” He also said “I caution myself that this is not a libel action. But these principles are not technical matters, of relevance only to a niche area of the law. They reflect the experience of generations in analysing speech and striking a fair balance between the right to remedies for false factual statements, and the need to safeguard freedom of opinion.”
He summarised the “core points” as follows:
- A key question is how the words would strike the ordinary reasonable reader.
- A comment is a deduction, inference, conclusion, criticism, remark, observation etc.
- Words must be looked at in their context along with the subject matter.
Other important factors may be whether the statement is capable of verification, and whether the words stand by themselves or accompany others.
Key legal provisions
Article 5(1)(d) – the accuracy principle
Article 16 – the right to rectification
Article 17 – the right to erasure
Further reading