Processing and freedom of expression and information
General Data Protection Regulation · UE 2016/679
Processing and freedom of expression and information
1. 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.
2. 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.
3. 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.
In Luxembourg, the journalistic exemption is transposed in Article 65 of the law of 1 August 2018 establishing the CNPD and implementing the RGPD. The Luxembourg legislator chose a precise scope: the derogation covers processing for journalistic, academic, artistic or literary expression purposes, but it does not neutralise all obligations, and the CNPD remains competent to review the actual use of this exemption. The qualification of the expressive purpose must be documented, which the EU text leaves to national law.
Luxgap practice: never presume your publication is covered. Document in writing, content by content, the dominant expressive purpose and the necessity test under Article 65, so it can be presented to the CNPD during an audit.
