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.
Article 85 GDPR - Processing and freedom of expression and information
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.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Paragraph 1 obliges them to reconcile, by law, the right to the protection of personal data under the Regulation with the right to freedom of expression and information, including processing for journalistic purposes and for the purposes of academic, artistic or literary expression. The reconciliation is thus a mandatory legislative task, not an option.
For processing for journalistic, academic, artistic or literary purposes, paragraph 2 permits exemptions or derogations from Chapter II on principles, Chapter III on data subject rights, Chapter IV on controller and processor, Chapter V on transfers, Chapter VI on supervisory authorities, Chapter VII on cooperation and consistency, and Chapter IX on specific processing situations. Chapter VIII on remedies, liability and penalties is not listed, so the avenues of judicial redress and liability cannot be derogated from under this article.
The text does not define it, and Recital 153 states that notions relating to freedom of expression, including journalism, should be interpreted broadly in order to take account of the importance of that right in every democratic society. A restrictive reading confined to established media organisations therefore finds no support in the Regulation.
No. They exist only to the extent that a Member State has provided for them by law, and paragraph 2 conditions every exemption or derogation on its being necessary to reconcile data protection with the freedom of expression and information. Processing that could respect the Regulation without impairing the expressive purpose falls outside the derogation.
Yes. Paragraph 3 requires each Member State to notify the Commission of the provisions adopted pursuant to paragraph 2 and, without delay, of any subsequent amendment affecting them.