Third-Generation European Data Protection Law and Professional Journalism

Abstract

This chapter explores the legislative interface between data protection and the professional journalistic media under the General Data Protection Regulation (GDPR). Like the Data Protection Directive (DPD), the GDPR mandates that States adopt derogations ‘necessary’ for reconciling two competing fundamental rights. However, broadly mirroring the situation under the DPD, there remain considerable differences at local level. Northern European countries have tended to set out wide and deep derogations for journalism, whilst Southern and Eastern Europe have often stipulated that this activity adhere to strict data protection standards. These differences map on to broader cultural fissures as regards attitudes to individualism, uncertainty avoidance, and power differences in society. Nevertheless, these outcomes are slightly more balanced than under the DPD. In particular, almost half the States have set out partial statutory limits to the supervisory powers of the Data Protection Authority here. Approximately one-third of States also continue to formalize a co-regulatory connection between statutory and self-regulation. However, a widespread problem has emerged concerning the statutory treatment of media/news archiving. In sum, although the GDPR mandates derogations here, only around one-third of European Economic Area (EEA) States have explicitly provided that the journalism regime can apply to public interest archiving which is subject to its own default regime in the GDPR.