Art. 85 GDPR – Processing and freedom of expression and information
- Member States shall by law reconcile the right to the protection of personal data pursuant to this Regulation with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression.
- For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member States shall provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries or international organisations), Chapter VI (independent supervisory authorities), Chapter VII (cooperation and consistency) and Chapter IX (specific data processing situations) if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.
- Each Member State shall notify to the Commission the provisions of its law which it has adopted pursuant to paragraph 2 and, without delay, any subsequent amendment law or amendment affecting them.
Frequently Asked Questions about Article 85
+How does the GDPR balance privacy and freedom of expression?
Article 85 requires member states to reconcile the right to data protection with freedom of expression and information, including processing for journalistic, academic, artistic, or literary purposes.
+Are journalists exempt from the GDPR?
Not entirely. Member states must provide exemptions or derogations for journalistic purposes where needed to balance data protection with freedom of expression.
+ Does the GDPR apply to news reporting?
Yes, but with derogations. National laws adjust how the GDPR applies to journalism to protect press freedom while still safeguarding personal data.