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European Data Protection Regulation, Journalism and Traditional Publishers: Balancing on a Tightrope?

European Data Protection Regulation, Journalism and Traditional Publishers: Balancing on a Tightrope?

Author: David Erdos
Publisher: Oxford University Press
ISBN: 9780198841982
Published In: December 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Part One: European Data Protection and Freedom of Expression Foundations

1: Introduction

2: The Development of European Human Rights and Freedom of Expression Law

3: The Development of European Data Protection Law and Regulation

Part Two: European Data Protection and Professional Journalism

4: First-Generation European Data Protection Regulation and Professional Journalism

5: Second-Generation European Data Protection and Professional Journalism: Formal Law and Regulatory Guidance

6: Second-Generation European Data Protection and Professional Journalism: Probing Regulatory Standard-Setting

7: Second-Generation European Data Protection Regulation and Professional Journalism: Probing Enforcement

8: Third-Generation European Data Protection Law and Professional Journalism

9: The Future Shape of European Data Protection Regulation and Professional Journalism

Part Three: European Data Protection and 'Non-Journalistic' Traditional Publishers

10: European Data Protection Regulation and 'Non-Journalistic' Traditional Publishers: First- and Second-Generation Developments Outside Academia

11: European Data Protection Regulation and Academic Publishers: First- and Second-Generation Developments

12: Non-Journalistic Traditional Publishers and Third-Generation European Data Protection Regulation: Formal Law and Future

Part Four: Conclusions

13: Balancing on a Tightrope in an Age of New Online Media?

Appendices

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