{"id":1730,"date":"2024-06-14T13:14:12","date_gmt":"2024-06-14T12:14:12","guid":{"rendered":"https:\/\/www.mediadefence.org\/ereader\/publications\/modules-digital-rights-europe\/module-1-key-principles\/introduction-copy\/"},"modified":"2024-06-17T08:42:51","modified_gmt":"2024-06-17T07:42:51","slug":"introduction","status":"publish","type":"publication","link":"https:\/\/www.mediadefence.org\/ereader\/publications\/modules-digital-rights-europe\/module-2-data-protection-press-freedom\/introduction\/","title":{"rendered":"Introduction"},"content":{"rendered":"\n

\u201cPersonal data\u201d refers to any information relating to an identified or identifiable individual[footnote]Article 2 of the Council of Europe\u2019s Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) (accessible at https:\/\/rm.coe.int\/1680078b37.[\/footnote]\u00a0— in other words, an individual who can be directly or indirectly identified without requiring unreasonable time, effort or resources[footnote]Explanatory report, para. 17 (accessible at https:\/\/rm.coe.int\/convention-108-convention-for-the-protection-of-individuals-with-regar\/16808b36f1.[\/footnote]. While not an independent right under the European Convention of Human Rights, protection of personal data is recognised as an integral part of the right to respect for one\u2019s private life guaranteed in Article 8 of the ECHR<\/strong>. For a long time, tension between freedom of the media and the right to privacy emerged largely from an act of publishing<\/em> protected personal data. It is in this context that the ECtHR initially developed its approach to balancing between the two rights. However, digital technologies have revolutionised how personal data is collected, stored, analysed, and shared, and with the media having moved online, it has made almost all of media content indefinitely accessible to anyone with internet connection regardless of when it was published. Moreover, search engines have made retrieving such content exceptionally easy. In this new environment, the online retention<\/em> of publications \u2013 that is, their continuous ready availability on the internet \u2013 has become a separate concern for anyone seeking to protect their privacy from the media. The solution to this new challenge arrived in the form of a \u201cright to be forgotten\u201d, famously conceptualised by the CJEU in the Google Spain case. Since then, national courts and the ECtHR have grappled with reconciling measures designed to implement the right to be forgotten with freedom of the media \u2013 with mixed results.<\/p>\n\n\n\n

Legal framework for data protection: the European Union<\/em><\/strong><\/p>\n\n\n\n

The right to the protection of personal data is expressly recognised in Article 8 of the Charter of Fundamental Rights of the European Union<\/a> (which is binding on both the EU institutions and bodies and the EU member states).  Article 8 stipulates that personal data \u201cmust be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law\u201d and that everyone \u201chas the right of access to data which has been collected concerning him or her, and the right to have it rectified.\u201d It also obliges member states to establish independent authorities to supervise the implementation of these requirements.<\/p>\n\n\n\n

Central to the EU\u2019s data protection regime is the General Data Protection Regulation<\/a> (GDPR), adopted in April 2016. As the world\u2019s most advanced piece of legislation on the subject, it has influenced data protection laws in many countries outside the EU.<\/p>\n\n\n\n

The GDPR\u2019s regime<\/strong> is based on the following principles<\/strong> for processing personal data:[footnote]Information Commissioner\u2019s Office, \u2018A guide to the data protection principles\u2019 (accessible at https:\/\/ico.org.uk\/for-organisations\/uk-gdpr-guidance-and-resources\/data-protection-principles\/a-guide-to-the-data-protection-principles\/#the_principles.[\/footnote]<\/p>\n\n\n\n