New EAO report: Limits to the Use of Personal Data

The European Audiovisual Observatory (EAO), part of the Council of Europe in Strasbourg, France, has released a new report entitled: Limits to the Use of Personal Data.

The lead article of this report examines current European data protection legislation, namely the Data Protection Directive (DPD). The report points out that the DPD provides for exceptions from data protection rules for the purposes of journalistic reporting or artistic expression, but only "if they are necessary to reconcile the right to privacy with the rules governing freedom of expression."

After examining case law concerning reporting on prominent individuals and the publication of unlawfully obtained information, the report considers media and the protection of user data. The authors focus in particular on the information we unwittingly provide to private companies, simply through our online behaviour, the information we consult and the way in which we interact with this information. Of special interest is the "Like" button on sites such as Facebook which allows the processing of users' interests.

The report concludes by noting a lack of clear criteria in "the process of weighing the right to the protection of personal data [...] against freedom of the media." It is attributed to cultural differences between the various European countries and their notions of which private information needs protection and point out that the EU and the Council of Europe are currently revising their legal instruments in this field.

To read the report in full, visit the EAO's website.

Publication date: 07 Dec 2011