UK GDPR and defamation law are distinct legal regimes, but they increasingly intersect when it comes to removing harmful online content and protecting personal reputation.
How GDPR Complements Defamation Claims
While a defamation claim focuses on false statements that damage reputation, data protection law gives you separate rights over how your personal data is processed. You may have two independent legal bases for removing harmful content.
The Right to Erasure
Article 17 of UK GDPR provides a right to erasure in certain circumstances:
- The data is no longer necessary for the purpose it was collected
- Processing is based on consent, and you withdraw that consent
- You object to processing and there are no overriding legitimate grounds
- The data has been unlawfully processed
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Subject Access Requests
A Subject Access Request (SAR) under UK GDPR can be a powerful investigative tool in defamation cases, potentially revealing the source of defamatory information and the extent to which false information has been shared.
When GDPR Is Stronger Than Defamation
The one-year limitation period for defamation doesn't apply to GDPR complaints. The ICO can investigate without you bringing court proceedings. And some content that doesn't meet the "serious harm" threshold for defamation may still breach data protection principles.
Related reading: Right to be forgotten | Removing defamatory content | Defamation Act 2013 explained
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