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Data Protection confronts Freedom of Expression on the ‘New Media’ Internet: Exploring the Expansive yet Diverse Interpretative Stance of European Regulatory Authorities


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Article

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Authors

Erdos, David O 

Abstract

European Economic Area (EEA) Data Protection Authorities (DPAs) must confront the strong tension between the EU Data Protection (DP) Directive and the public freedom of expression daily. An extensive survey of EEA DPAs based on hypothetical ‘new media’ internet scenarios demonstrates that these important regulators generally adopt an expansive interpretation of DP’s role here. Only in the case of the online media archive did a majority see the special purposes shield for journalism, literature and art (Art. 9) engaged. Default DP norms were generally held fully applicable as regards social networking sites, search engine indexers and street mapping services, whilst vis-à-vis the bloggers, social networkers and rating websites many more DPAs acknowledged that such norms required interpretation with regard for freedom of expression. There was significant diversity in response which was not directly related to divergent national transpositions of the Directive but was associated with differences in both the scope depth of the special purposes derogation in national law. Reforms are proposed to ensure a more harmonized, legally certain and balanced reconciliation of rights online.

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Journal Title

European Law Review

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Journal ISSN

Volume Title

40

Publisher

Sweet & Maxwell

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Sponsorship
This work was supported by the British Academy and the Leverhulme Trust.