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Regulation (EU) 2016/679 (GDPR) · Chapter IX · Specific processing situations

Art. 85 · Processing and freedom of expression and information

Text

  1. Member States shall by law reconcile the right to the protection of personal data pursuant to this Regulation with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression.

  2. For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member States shall provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries or international organisations), Chapter VI (independent supervisory authorities), Chapter VII (cooperation and consistency) and Chapter IX (specific data processing situations) if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.

  3. Each Member State shall notify to the Commission the provisions of its law which it has adopted pursuant to paragraph 2 and, without delay, any subsequent amendment law or amendment affecting them.

Text: EUR-Lex, CELEX 32016R0679 (consolidated text with corrigenda).

Commentary

Reconciliation with the right to freedom of expression and information: States set exceptions for journalism and academic, artistic and literary expression. In the Czech Republic, § 17 et seq. of Act No. 110/2019 Sb.

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