Article 10 – Freedom of expression The basic conflict (I) as in the European Convention of Human Rights and in the EU Charter of Fundamental Rights: Article 8 – Right to respect for private and family life 1. Everyone has the right to respect for his private and family life, his home and his correspondence. (EU-charter article 7 + article 8) Article 10 – Freedom of expression   Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. (EU-charter article 11) Article 10 – Freedom of expression   1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. GDPR in Mechelen EIJC18, Staffan Dahllöf, @StaffaniDK

The basic conflict (II) In GDPR privacy is the general rule and Freedom of expression (= access to information) is an exemption Everything forbidden unless allowed. In Regulation 1049/2001 (and in member states’ law) freedom of expression is the general rule while privacy is the exemption. Everything allowed unless forbidden. GDPR in Mechelen EIJC18, Staffan Dahllöf, @StaffaniDK

GDPR in Mechelen EIJC18, Staffan Dahllöf, @StaffaniDK Article 2. This Regulation does not apply to the processing of personal data: (a) in the course of an activity which falls outside the scope of Union law; (see b)   (b) by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU; (Common Foreign and Security Policies­ = the intelligence services are NOT covered!) (c) by a natural person in the course of a purely personal or household activity; COMMENT: My Twitter account? My public FB-account? Recital 18 says: ” This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken within the context of such activities. However, this Regulation applies to controllers or processors which provide the means for processing personal data for such personal or household activities.” COMMENT: My Twitter account? My public FB-account? Processing OK but if we don’t get access? GDPR in Mechelen EIJC18, Staffan Dahllöf, @StaffaniDK

Processing and freedom of expression and information Article 85 Processing and freedom of expression and information   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. GDPR in Mechelen EIJC18, Staffan Dahllöf, @StaffaniDK

Processing and public access to official documents Article 86 Processing and public access to official documents   Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member State law to which the public authority or body is subject in order to reconcile public access to official documents with the right to the protection of personal data pursuant to this Regulation. Reconcile: To settle or resolve, to bring in harmony (When Christ died on the cross for us, He removed the tension between us and God (Romans 5:10; 2 Corinthians 5:16-21.) His shed blood, reconciled the conflict between us and the Father.) GDPR in Mechelen EIJC18, Staffan Dahllöf, @StaffaniDK

GDPR in Mechelen EIJC18, Staffan Dahllöf, @StaffaniDK Reconsiling? All but below 1250€/Y All or… nothing? GDPR in Mechelen EIJC18, Staffan Dahllöf, @StaffaniDK

GDPR in Mechelen EIJC18, Staffan Dahllöf, @StaffaniDK