Main issues regarding the processing of data for journalistic purposes in relation to freedom of expression under article 85 of the GDPR

Abstract

The Hungarian legislator amended the sectoral rules on the protection and processing of personal data rather belatedly, two months after the entry into force of the European Union’s General Data Protection Regulation, without affecting the processing of data for journalistic purposes and for the purposes of scientific, artistic and literary expression. This causes a number of problems in the context of processing data in relation to public events, in particular in the field of the use of images in the context of reporting on current events. The examination of Austrian law reveals that it is not lawful to have a legislation that does not extend data protection rules to the activities of the press. German jurisprudence shows that the application of earlier, unreviewed legislation may be justified on other grounds than in Hungary. The aim of the study is to show that the legislator and the National Authority for Data Protection and Freedom of Information of Hungary should give serious consideration to the creation of exception rules in these areas, as neither the unmodified maintenance of the previous rules nor a ministerial letter listing the applicable legislation is suitable for resolving the exceptions to the rules on data processing for journalistic purposes.