
The tension between freedom of expression and European personal data protection regulation is unmistakable. Nowhere is this more apparent than in its interface with professional journalism and other traditional publishers including artists, writers and academics. This book systematically explores how that tension has been managed across thirty-one European States from the 1970s through to the 2010s including under the General Data Protection Regulation (GDPR). It is found that, notwithstanding confusing laws, data authorities have regulated journalism through contextual rights balancing. However, they have struggled to establish a clear standard of strictness or ensure consistent enforcement. Their stance regarding other publishers has been more confused - whilst academics have been subject to onerous restrictions developed for medical and related research, other writers and artists have been largely ignored. This book suggests that contextual rights balancing should be extended to all traditional publishers and systematically developed through robust co-regulation that draws on the strength of both statutory control and self-regulation.
This book investigates how the tension between freedom of expression and European personal data protection regulation is managed within the professional spheres of journalism and traditional publishing. David Erdos, a legal scholar, utilizes a comparative analysis of thirty-one European states to examine the evolution of these regulations from the 1970s through the implementation of the GDPR. The author argues that while data authorities have utilized contextual rights balancing for journalists, they have failed to establish consistent standards for other publishers, leading to a proposal for a more robust, co-regulatory framework.
What You Will Find
Scope Limits
Legal scholars and privacy experts recognize this work as a significant contribution to the understanding of the intersection between data protection law and media freedom. Readers frequently note the academic density of the prose and the depth of the comparative research provided.
Page Count:
470
Publication Date:
2019-01-01
Publisher:
OUP Oxford
ISBN-10:
0192579215
ISBN-13:
9780192579218
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