Interaction Between Freedom of Expression and Data Protection: Journalism Exemption and the Right to be Forgotten under the GDPR

Abstract

The importance of personal data and the protection of such data against misuse have arguably never been as relevant as it is today. Naturally, this calls for stringent regulations to ensure sufficient protection. However, this brings tensions and complexities along with its benefits. While data protection develops into a fundamental human right in itself, questions are being raised as to whether too much emphasis on this right might jeopardize other fundamental human rights such as freedom of expression. This thesis is exploring the ways in which data protection and freedom of expression interact with each other by delving into the details of both (i) reasons to believe that data protection rules can be utilised to protect journalism and consequently, freedom of expression, and (ii) examples where data protection rules can be argued to have been upheld at the expense of freedom of expression. The conclusion is that freedom of expression and data protection can not only co-exist in harmony, but they can even be considered as supplements, if not pre-requisites, for one another. Such harmonious co-existence is, however, dependant on reforms in the form of both legislative amendments and changes in the interpretation and application of the rules.