Article 85 of the GDPR: Processing and freedom of expression and information

Article 85 of the GDPR provides that Member States must reconcile the right to protection of personal data with the freedom of expression and information, particularly in the journalistic, academic or artistic context.

Article 85 of the GDPR explained

This article requires Member States to:

To implement specific exemptions for processing carried out for journalistic, academic, artistic or literary purposes;
To ensure the balance between data protection and freedom of expression;
To notify the Commission of the national measures taken on this subject.

It therefore allows one adjustment of the GDPR to preserve information pluralism.

Why is this article important for your GDPR compliance?

It regulates the limits of the GDPR in contexts where freedom of expression takes precedence. Companies in the media, research or creative sector must know the applicable national exemptions and their scope.

How to comply with Article 85 of the GDPR?

Identify whether your treatments relate to journalistic, academic or artistic activity;
Consult the national regulations applicable to GDPR exemptions in your country;
Adopt a clear ethical framework on data protection, even in the event of an exemption;
Make editorial staff, researchers or creators aware of their minimum protection obligations.

Examples of application of Article 85 of the GDPR

A media outlet may publish an investigation containing personal data in the public interest;
A university processes data for historical research purposes without having to enforce all GDPR rights;
An artist uses images of people in a work protected by creative freedom.