||Personal data and freedom of expression
|Austria||05.06.2018||Sec 9 ADPA provides special provisions concerning the processing of personal data in the context of freedom of expression and information. According to this provisions, several regulations of the GDPR (especially its principles and rights of data subjects) do not apply to the processing of personal data for journalistic purposes as well as for scientific, artistic or literary purposes.
|Belgium||08.10.2018||A large number of GDPR provisions are declared inapplicable or only conditionally applicable to processing for journalistic purposes and for purposes of academic, artistic or literary expression. "Journalistic purposes" covers the preparation, collection, drafting, production, distribution or archiving for the purpose of informing the public, using any media and where the controller should ensure compliance with journalistic objectives.|
|Czech Republic||13.09.2018||Section 16 of the DPA allows processing of personal data carried out by adequate means for journalistic purposes or for purposes of academic, artistic or literary expression. Sections 17 et seq. stipulate exceptions to information obligations (Section 17), protection of source and content of information (Section 18), exceptions to right to restriction of processing (Section 19), information about rectification and erasure (Section 20), and limitation of the right to object (Section 21).
|Finland||13.11.2018||According to Section 27 of the Data Protection Act only limited provisions of the GDPR apply to the processing of personal data for the purposes of journalism or academic, artistic or literary expression.
This approach upholds the situation as it was under the abrogated Personal Data Act.
|France||11.02.2019||Art 67.: when personal data is processed for journalistic, artistic or literary expression purposes, provisions regarding information notice, data transfers, data subject rights data, retention and the processing of special categories of data do not apply.
|Germany||23.05.2018||Yes - § 35 of the new German Federal Data Protection Act ('FDPA') exempts the controller from its obligation to erase personal data where the erasure is, in case of non-automatic data processing, impossible, or only possible with disproportionately high effort and the data subject has a minor interest for erasure. § 27(2) FDPA restricts the data subjects' rights subject to certain further requirements.|
|Hungary||01/04/2019||Covered by the amended InfoAct.
|Ireland||07.06.2018||Under section 43(1) of the Act, the processing of personal data for the purpose of exercising the right to freedom of expression and information, including processing for journalistic purposes or for the purposes of academic, artistic or literary expression, shall be exempt from compliance with certain provisions of the GDPR where, having regard to the importance of the right of freedom of expression and information in a democratic society, compliance with such provisions would be incompatible with such purposes.
The Data Protection Commission may refer any question of law which involves consideration of whether processing of personal data is exempt under section 43(1) to the High Court for its determination.
|Italy||25.10.2018||IDPA title XII - sections 136-137-138-139.
The code of practice on the processing of personal data & journalistic activities (Annex A.1 of IDPA) remains in force. The compatibility of this code with the GDPR will be reassessed by the Italian Data Protection Authority (hereinafter, the "Authority"). The Authority should review it before the end of the calendar.
|Netherlands||17.09.2018||Article 41 GDPR Execution Act provides that the GDPR Execution order does not apply where personal data are processed exclusively for journalistic purposes or for the purposes of academic, artistic or literary expressions. In addition it sums up a list of chapters and articles in the GDPR that are also not applicable for these purposes: (a) article 7(3), 11(2);(b) chapter III;(c) chapter IV (with the exception of articles 24, 25, 28, 29 and 32);(d) chapter V;(e) chapter VI; and (f) chapter VII. " Art. 41 UAVG limits the scope of certain obligations in connection with (compelling) general interests in alignment with art 23 GDPR. Therefore, it provides for exceptions to the rights of the data subject and the duties of the controller. The GDPR partially (art. 12 - 21 and 34 GDPR) does not apply (insofar appropriate and proportionate) to data processing in view of - inter alia - important public interest objectives, public security, the protection of the data subject or of the rights and freedoms of others; and/or the collection of civil claims.|
|Poland||07.09.2018||The PDPA provides that some provisions of GDPR will not apply where personal data is processed for journalistic purposes or for the purposes of academic, artistic or literary expressions.|
|Slovakia||13.09.2018||New DPA stipulates in Article 78 that personal information may be processed without a data subject's consent for journalistic, academic, artistic and literary purposes. However, such processing must not breach a data subject's right to personality protection and privacy.
|Spain||05.03.2019||The SDPA does not include any legal precept that conciliates freedom of expression with data protection. There is only a reference to freedom of expression in the article 85 regarding the right to freedom of expression in internet that everyone has.|
|Sweden||06.09.2018||Data Protection Act paragraph 1:7: the GDPR and the Data Protection Act shall not be applied to the extent that it would breach the laws on freedom of expression. The Data Protection Act provides that articles 5-30 and 35-50 of the GDPR shall not be applicable to the processing of personal data for journalistic purposes or for purposes of academic, artistic or literary expressions.|
The Act contains a number of specific provisions and exemptions dealing with processing for "special purposes", which covers journalism, academic, artistic and literary purposes. These are the limited United Kingdom implementation of the requirement in Article 85 of the GDPR for Member States to reconcile the protection of personal data with the right to freedom of expression and they are modelled on the provisions in the Data Protection Act 1998.
Schedule 1 (para 13) permits the disclosure of special categories of personal data (sensitive data) and criminal convictions data for "special purposes", provided it is in the substantial public interest and carried out with a view to the publication of the personal data by any person and the controller reasonably believes the publication would be in the public interest. It must also be carried out in connection with (i) the commission of an unlawful act (ii) dishonesty, malpractice or other seriously improper conduct (iii) unfitness or incompetence of a personal (iv) mismanagement in the administration of a body/association or (v) a failure in services provided by a body/association. This would seem to permit in limited circumstance the disclosure of data to investigative journalists.
Schedule 2 (Part 5): Where personal data are processed for special purposes, with a view to publication by a person of journalistic, academic artistic or literary material and the controller reasonably believes that the publication would be in the public interest, then the "listed GDPR" provisions will not apply to the extent that the controller reasonably believes that the application of those provisions is incompatible with the special purposes. Controllers must have regard to the ‘special importance of the public interest in the freedom of expression and information’ and to relevant codes of practice such as the OFCOM Broadcasting Code.