created between individuals. It is not enough to justify publication that the
information in question is a matter of public interest. To take an extreme example,
the content of a budget speech is a matter of great public interest. But if a disloyal
typist were to seek to sell a copy to a newspaper in advance of the delivery of the
speech in Parliament, there can surely be no doubt that the newspaper would be in
breach of duty if it purchased and published the speech.”
44. The Guidance also states, on the question of public interest for section 41(1),
that:“The test now, therefore, is whether there is a public interest in disclosure which
overrides the competing public interest in maintaining the duty of confidence.
This test doesn’t function in the same way as the public interest test for qualified
exemptions, where the public interest operates in favour of disclosure unless
outweighed by the public interest in maintaining the exemption. Rather, the reverse
is the case. The test assumes that the public interest in maintaining confidentiality
will prevail unless the public interest in disclosure outweighs the public interest in
maintaining the confidence.”
Section 40(2)
45. Recitals 1 and 26 to the GDPR provide that:“The protection of natural persons in relation to the processing of personal data is
a fundamental right …...everyone has the right to the protection of personal data
concerning him or her.”
“The principles of data protection should apply to any information concerning an
identified or identifiable natural person. Personal data which have undergone
pseudonymisation, which could be attributed to a natural person by the use of
additional information should be considered to be information on an identifiable
natural person. To determine whether a natural person is identifiable, account
should be taken of all the means reasonably likely to be used, such as singling out,
either by the controller or by another person to identify the natural person directly
or indirectly. To ascertain whether means are reasonably likely to be used to
identify the natural person, account should be taken of all objective factors, such as
the costs of and the amount of time required for identification, taking into
consideration the available technology at the time of the processing and
technological developments. The principles of data protection should therefore not
apply to anonymous information, namely information which does not relate to an
identified or identifiable natural person or to personal data rendered anonymous
in such a manner that the data subject is not or no longer identifiable. This
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