CPDP 2019: The GDPR and the freedom of expression - A rocky relationship

Art. 85 GDPR leaves most of the responsibility to reconcile the right to the protection of personal data pursuant to the GDPR with the right to freedom of expression and information (Art. 11 CFR) to the member states. However, many states did little to nothing to pass specific rules to relieve the mentioned addressees. Thus, has the situation for the freedom of expression fundamentally changed? To what extent do certain rules of the GDPR enable or require a media-friendly interpretation? Which member states fulfilled their obligations to pass rules under Art. 85 GDPR? Could the lack of such rules enable a misuse of Data Protection Law that could jeopardise media freedoms? 

Art. 85 GDPR (EU General Data Protection Regulation) leaves most of the responsibility to reconcile the right to the protection of personal data pursuant to the GDPR with the right to freedom of expression and information (Art. 11 of the Charter of Fundamental Rights) to the member states. However, many states did little to nothing to pass specific rules to relieve the mentioned addressees. Thus, has the situation for the freedom of expression fundamentally changed? To what extent do certain rules of the GDPR enable or require a media-friendly interpretation? Which member states fulfilled their obligations to pass rules under Art. 85 GDPR? Could the lack of such rules enable a misuse of Data Protection Law that could jeopardise media freedoms? 

This panel, organised by PinG - Privacy in Germany at the CPDP2019, considers:

• The balance between data protection and freedom of expression after the GDPR
• New rules under Art. 85 GDPR in different Member States
• Potential jeopardy and uncertainties for press and media
• Overall effects for democracy in the EU

Chair: Anna Buchta, EDPS (EU)

Moderator: Niko Härting, Härting Rechtsanwälte/Privacy in Germany (DE)

Speakers: Olivia Tambou, Université Paris-Dauphine (FR); Bojana Bellamy, Centre for Information Policy Leadership (UK); David Erdos, University of Cambridge (UK); Paul Quinn, VUB-LSTS (BE); Horst Heberlein, DG JUST (EU).

Freedom of expression Privacy Media freedom European policies and legislation Access to information Media pluralism