General Data Protection Regulation (GDPR) · Article 85

Processing and freedom of expression and information

General Data Protection Regulation · cited in 11 of our lessons

Explanation

What it asks for. Article 85 requires member states to reconcile, by law, the right to data protection with the right to freedom of expression and information, including processing for journalistic purposes and for academic, artistic or literary expression. For these purposes, member states must provide exemptions or derogations from specified chapters of the regulation where necessary to reconcile the two rights.

In practice. Organisations involved in journalism, research publishing or similar activities identify which national exemptions apply in each relevant country and document how they rely on them. Evidence includes a legal analysis by jurisdiction, editorial policies that address personal data and records of decisions where the exemption was used.

Common gaps. The scope of national exemptions differs considerably between member states and is often assumed to be broader than it is. Security and breach obligations generally still need to be met.

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