Data Protection Directive

Article 9

Untitled

Processing of personal data and freedom of expression

Member States shall provide for exemptions or derogations from the provisions of this Chapter, Chapter IV and Chapter VI for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression only if they are necessary to reconcile the right to privacy with the rules governing freedom of expression.

SECTION IV

INFORMATION TO BE GIVEN TO THE DATA SUBJECT

Holdings

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C-184/201 Aug 2022

OT v Vyriausioji tarnybinės etikos komisija

Publishing on the website of the public authority that collects and checks declarations of private interests personal data that can indirectly reveal a natural person's sexual orientation is processing of special categories of personal data.

C-345/1714 Feb 2019

Proceedings brought by Sergejs Buivids

Recording police officers in a police station while a statement is being made, and publishing that video on a website on which users can send, watch and share videos, may constitute processing of personal data solely for journalistic purposes under Article 9 of Directive 95/46 - provided that it is apparent from the video that the sole object of the recording and publication is the disclosure of information, opinions or ideas to the public, which is for the referring court to determine.

C-73/0716 Dec 2008

Tietosuojavaltuutettu v Satakunnan Markkinapörssi Oy and Satamedia Oy.

Collecting public-domain personal data for publication, publishing them in printed lists, transferring them on CD-ROM for commercial use, and using them in a text-messaging service counts as processing carried out "solely for journalistic purposes" only if the sole object of those activities is to disclose information, opinions or ideas to the public. Whether that is so is for the national court to determine.