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Praxikon

Article 85: Processing and freedom of expression and information

Praxikon tracks Article 85 (Processing and freedom of expression and information) under the GDPR, alongside the EU AI Act, citing the source for every statement.

Chapter IXIn force since 25-05-2018

Official text

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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.
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.
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.

Source: EUR-Lex, Regulation (EU) 2016/679. Official text, reproduced without modification.

More case law, guidelines and fines

In addition to the overview at the bottom of this page: rulings, guidelines and fines that interpret or apply this article, newest first. Each item was checked against the official source.

Case law (2)

  • 14 February 2019 · C-345/17 · CJEUDirective 95/46
    Buivids

    Filming police officers at a station and posting the video online falls within data protection law. It can be processing for journalistic purposes if the sole aim is to share information or ideas with the public.

  • 16 December 2008 · C-73/07 · CJEUDirective 95/46
    Satamedia

    Publishing tax data taken from public sources is processing of personal data. Journalistic purposes must be read broadly: any activity sharing information, opinions or ideas with the public, regardless of medium or profit motive.

Checked on 5 November 2026

Connections

What connects to Article 85 GDPR

Case law