Download This PaperSpecial, Personal and Broad Expression: Exploring Freedom of Expression Norms under the General Data Protection Regulation
26 Pages Posted: 7 Apr 2020 Last revised: 27 May 2025
Date Written: April 6, 2020
Abstract
The interface between data protection and freedom of expression is increasingly crucial and the GDPR solidifies a bipartite or potentially even tripartite conceptualisation of this relationship. Whilst the GDPR’s personal exemption can play some in governing individual expression, it must be construed narrowly so as to only exclude innocuous publication that is not liable to infringe other’s fundamental rights. The special expression derogation remains central and encompasses not just journalism but also other forms of special expression (academic, artistic, literary) which, when published, are objectively orientated towards a collective public. Whilst Member States do retain considerable discretion given the wide diversity of national constitutional norms in this area, a strict balancing between fundamental rights should still be ensured. Freedom of expression is also distinctly furthered by inter alia self-expression on social networking sites and the facilitation of a range of expressive purposes by search engines. As shown in GC and Others v CNIL, the stricter reconciliation of rights here must retain a direct role for data protection’s core substance including its legal grounds and principles and is thereby substantially (albeit not completely) harmonized across the EU. N.B. The Final Version of this paper was published in the Yearbook of European Law (Vol. 40, pp. 398-430) (2021) and may be viewed via https://doi.org/10.1093/yel/yeab004
Keywords: GDPR, Data Protection Principles, Freedom of Expression, Journalism, Special Expression, Privacy, Rehabilitation, Right to be Forgotten, Search Engines, Self-Expression, Social Networking
Suggested Citation: Suggested Citation
David Erdos (Contact Author)
University of Cambridge - Faculty of Law ( email )
10 West Road
Cambridge, CB3 9DZ
United Kingdom
HOME PAGE: http://www.law.cam.ac.uk/people/academic/d-o-erdos/5972