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

by David Erdos

Overview

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.

Product Details

ISBN-13:	9780198841982
Publisher:	Oxford University Press
Publication date:	02/05/2020
Series:	Oxford Data Protection & Privacy Law
Pages:	472
Product dimensions:	9.30(w) x 6.10(h) x 1.40(d)

About the Author

David Erdos, Senior Lecturer in Law, University of Cambridge

Dr David Erdos is Deputy Director of the Centre for Intellectual Property and Information Law, and University Senior Lecturer in Law and the Open Society in the Faculty of Law and also WYNG Fellow in Law at Trinity Hall, University of Cambridge. After reading PPE at Merton College Oxford, David studied for an MA (2003) and PhD (2006) in the Politics Department of Princeton University. Prior to joining Cambridge in 2013, he spent six years as a research fellow in the Faculty of Law and at Balliol College in Oxford. David's work has examined the development of human rights systems (including through a monograph Delegating Rights Protection (2010)) and also the law and governance of information. Drawing on a background in both political science and law, his research has blended doctrinal analysis with rigorous quantitative and qualitative methodology from social science. His most recent work has focused on the interface between European data protection and freedom of expression.

Table of Contents

Part One: European Data Protection and Freedom of Expression Foundations1. Introduction2. The Development of European Human Rights and Freedom of Expression Law3. The Development of European Data Protection Law and RegulationPart Two: European Data Protection and Professional Journalism4. First-Generation European Data Protection Regulation and Professional Journalism5. Second-Generation European Data Protection and Professional Journalism: Formal Law and Regulatory Guidance6. Second-Generation European Data Protection and Professional Journalism: Probing Regulatory Standard-Setting7. Second-Generation European Data Protection Regulation and Professional Journalism: Probing Enforcement8. Third-Generation European Data Protection Law and Professional Journalism9. The Future Shape of European Data Protection Regulation and Professional JournalismPart Three: European Data Protection and 'Non-Journalistic' Traditional Publishers10. European Data Protection Regulation and 'Non-Journalistic' Traditional Publishers: First- and Second-Generation Developments Outside Academia11. European Data Protection Regulation and Academic Publishers: First- and Second-Generation Developments12. Non-Journalistic Traditional Publishers and Third-Generation European Data Protection Regulation: Formal Law and FuturePart Four: Conclusions13. Balancing on a Tightrope in an Age of New Online Media?Appendices

Editorial Reviews

"Overall, given its breadth and depth, this is an impressive feat of scholarship with relevance for both media law and data protection law, and for both policy and practice. For practitioners, it may serve as a valuable international reference work in this complex and divergent field of law. For scholars and policymakers, it offers a rigorous and comprehensive commentary on its past, present and future." - Paddy Leerssen, European Data Protection Law Review

"This book presents a comprehensive picture about how Data Protection law and interpretation has evolved in terms of journalistic purposes, and asks the very relevant question of how regulation might best evolve in the GDPR era [...]. It will be of interest to anyone who works with legal issues on data protection and privacy, publishing, human rights, freedom of expression or journalism." - Laura Linkomies, Privacy Laws & Business

From the Publisher