Journalism and data privacy : a comparative analysis of CJEU and ECtHR jurisprudence

Abstract

The role that journalists play in our society remains as essential as ever. Mirroring this development, the promulgation of data protection legislation, and the emphasis on information privacy, has led to an apparent clash of rights. Alleged infringements by public officials and journalists in this regard have made headlines around the world. This dissertation will analyse the right to Freedom of Expression through its historical development. This will also include a discussion on the different definitions of what constitutes as journalism, including the role of blogs and citizen journalism. Subsequently, the studly will scrutinise the right to privacy, both through its historical development, as well as an analysis of the relevant literature. This study will then conduct a conceptual examination of how data protection emanates and differentiates from the fundamental right to privacy. Another chapter will examine the laws in place which underpin the relationship between journalism and data privacy, both under the European Union legal acquis (including the GDPR), as well as legislation passed by the Council of Europe. An analysis of the notion of balancing between data privacy and journalism by different authors will also be conducted. The Fourth Chapter will then follow the main jurisprudence of the ECtHR, and the CJEU. This includes a section on the criterion discussed in the Von Hannover judgements, followed by an examination of how the GDPR has influenced numerous decisions by the CJEU. The last section will examine in depth the Satakunnan judgements, the prominent judgement which discusses data privacy and journalistic rights in both European Courts. This section compares these judgements with the EU Advocate General’s opinion, the dissenting opinions of the ECtHR, and other relevant jurists. This study will conclude with a discussion on the need for more stringent policy guidelines, and the limitations of such a call in an everchanging technological and legal landscape.