The intrinsic link between data protection and freedom of expression is encapsulated in the Article 85 of the General Data Protection Regulation "Processing and freedom of expression and information". This provision mandates the EU Member States to navigate the delicate balance between the imperative of personal data protection and the right to freedom of expression and information. Notably, exemptions and derogations stipulated within specific chapters of the General Data Protection Regulation are important for the work of the journalists and for the academic, artistic, or literary expression.

The Handbook on European Data Protection Law is now available in Serbian, thanks to the support provided to the Commissioner for Access to Information and Personal Data Protection by the joint European Union  and Council of Europe action “Protecting freedom of expression and of the media in Serbia (PROFREX)”. The Handbook, prepared by the EU Agency for Fundamental Rights (FRA), the Council of Europe, and the European Data Protection Supervisor, offers key insights into the data protection standards.

The European Court of Human Rights (ECtHR) has delineated seminal precedents in reconciling the right to data protection with the prerogative of freedom of expression. A notable illustration is evident in the case of Axel Springer AG v. Germany, wherein the ECtHR underscored curtailing a publishing entity from disseminating an article concerning the arrest and conviction of a prominent individual, contravened Article 10 of the European Convention on Human Rights (ECHR). In reaffirming the paramountcy of freedom of expression, the ECtHR elucidated the criteria imperative for striking an equilibrium between the right to freedom of expression and the imperative of respecting private life.

The action “Protecting freedom of expression and of the media in Serbia (PROFREX)”, implemented by the Council of Europe’s Division for Co-operation on Freedom of Expression, which is part of the joint European Union - Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye”.

Handbook on European data protection law

 English language version (original)

 Serbian language version