Member States must reconcile GDPR with freedom of expression rights, including for journalistic, academic, artistic, or literary purposes. May provide exemptions or derogations from Chapters II-VII and IX where necessary to balance these fundamental rights.
Article 85
Processing and freedom of expression and information
Understanding This Article
Article 85 recognizes potential conflicts between data protection and freedom of expression, both EU fundamental rights. Journalism, research, and artistic expression often require processing personal data in ways that might conflict with GDPR rights (e.g., publishing information without consent). Member States must create legal frameworks balancing these rights appropriately.
Key Points
- Reconciles data protection with freedom of expression
- Special provisions for journalism, academic, artistic, literary expression
- Member States can provide exemptions from most GDPR chapters
- Balances two fundamental rights