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Special, Personal and Broad Expression: Exploring Freedom of Expression Norms under the General Data Protection Regulation

Accepted version
Peer-reviewed

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Type

Article

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Abstract

jats:titleAbstract</jats:title> jats:pThe interface between data protection and freedom of expression is increasingly crucial and the General Data Protection Regulation (GDPR) solidifies a bipartite or potentially even tripartite conceptualization of this relationship. Whilst the GDPR’s personal exemption can play some role in governing individual expression, it must be construed narrowly so as to only exclude innocuous publication that is not liable to infringe other’s fundamental rights. The special expression derogation remains central and encompasses not just journalism but also other forms of special expression (academic, artistic, literary) which, when published, are objectively orientated towards a collective public. Whilst Member States do retain considerable discretion given the wide diversity of national constitutional norms in this area, a strict balancing between fundamental rights should still be ensured. Freedom of expression is also distinctly furthered by, inter alia, self-expression on social networking sites and the facilitation of a range of expressive purposes by search engines. As shown in GC and Others v CNIL, the stricter reconciliation of rights here must retain a direct role for data protection’s core substance including its legal grounds and principles and is thereby substantially (albeit not completely) harmonized across the EU.</jats:p>

Description

Keywords

48 Law and Legal Studies, 4807 Public Law, 16 Peace, Justice and Strong Institutions

Journal Title

Yearbook of European Law

Conference Name

Journal ISSN

0263-3264
2045-0044

Volume Title

Publisher

Oxford University Press (OUP)

Rights

All rights reserved