European Data Protection Regulation, Journalism, and Traditional Publishers

Balancing on a Tightrope?

David Erdos

Oxford Data Protection & Privacy Law

Maps the development of the legal interface between data protection and journalistic freedom of expression across all thirty-two European Economic Area (EEA) States over time.
Explores the relationship between the formal law and both the standard-setting and enforcement activities of Data Protection Authorities (DPAs) in the area of freedom of expression.
Analyses the relationship between European data protection regulation's freedom of expression provisions and provisions on archiving, historical and scientific research including as this affects not just journalists but also academics, writers and artists.

European Data Protection Regulation, Journalism, and Traditional Publishers

Balancing on a Tightrope?

David Erdos

Oxford Data Protection & Privacy Law

Description

The tension between freedom of expression and European personal data protection regulation is unmistakable. Nowhere is this more apparent than in its interface with professional journalism and other traditional publishers including artists, writers and academics. This book systematically explores how that tension has been managed across thirty-one European States from the 1970s through to the 2010s including under the General Data Protection Regulation (GDPR). It is found that, notwithstanding confusing laws, data authorities have regulated journalism through contextual rights balancing. However, they have struggled to establish a clear standard of strictness or ensure consistent enforcement. Their stance regarding other publishers has been more confused - whilst academics have been subject to onerous restrictions developed for medical and related research, other writers and artists have been largely ignored. This book suggests that contextual rights balancing should be extended to all traditional publishers and systematically developed through robust co-regulation that draws on the strength of both statutory control and self-regulation.

European Data Protection Regulation, Journalism, and Traditional Publishers

Balancing on a Tightrope?

David Erdos

Oxford Data Protection & Privacy Law

Part One: European Data Protection and Freedom of Expression Foundations
1. Introduction
2. The Development of European Human Rights and Freedom of Expression Law
3. The Development of European Data Protection Law and Regulation
Part Two: European Data Protection and Professional Journalism
4. First-Generation European Data Protection Regulation and Professional Journalism
5. Second-Generation European Data Protection and Professional Journalism: Formal Law and Regulatory Guidance
6. Second-Generation European Data Protection and Professional Journalism: Probing Regulatory Standard-Setting
7. Second-Generation European Data Protection Regulation and Professional Journalism: Probing Enforcement
8. Third-Generation European Data Protection Law and Professional Journalism
9. The Future Shape of European Data Protection Regulation and Professional Journalism
Part Three: European Data Protection and 'Non-Journalistic' Traditional Publishers
10. European Data Protection Regulation and 'Non-Journalistic' Traditional Publishers: First- and Second-Generation Developments Outside Academia
11. European Data Protection Regulation and Academic Publishers: First- and Second-Generation Developments
12. Non-Journalistic Traditional Publishers and Third-Generation European Data Protection Regulation: Formal Law and Future
Part Four: Conclusions
13. Balancing on a Tightrope in an Age of New Online Media?
Appendices

European Data Protection Regulation, Journalism, and Traditional Publishers

Balancing on a Tightrope?

David Erdos

Oxford Data Protection & Privacy Law

Author Information

David Erdos, Senior Lecturer in Law, University of Cambridge

Dr David Erdos is Deputy Director of the Centre for Intellectual Property and Information Law, and University Senior Lecturer in Law and the Open Society in the Faculty of Law and also WYNG Fellow in Law at Trinity Hall, University of Cambridge. After reading PPE at Merton College Oxford, David studied for an MA (2003) and PhD (2006) in the Politics Department of Princeton University. Prior to joining Cambridge in 2013, he spent six years as a research fellow in the Faculty of Law and at Balliol College in Oxford. David's work has examined the development of human rights systems (including through a monograph Delegating Rights Protection (2010)) and also the law and governance of information. Drawing on a background in both political science and law, his research has blended doctrinal analysis with rigorous quantitative and qualitative methodology from social science. His most recent work has focused on the interface between European data protection and freedom of expression.