The ‘media privilege’ in data protection law

This Art. examines the complex legal conflict between freedom of the press and the right todata protection, focusing on the European legal framework. The analysis explores the tensionbetween these two fundamental rights within the context of the European Court of HumanRights (ECtHR) and the Court of Justice of the European Union (ECJ). A key element in thisdebate is the ‘media privilege’ under Article 85 of the General Data Protection Regulation(GDPR), which attempts to balance press freedom and data protection while leaving significantroom for national legislations to interpret and implement this balance. Through a detailedexamination of landmark cases such as Satakunnan Markkinapörssi Oy and Satamedia Oy v.Finland and Buivids, the article sheds light on the criteria courts use to weigh these competingrights. The study highlights how both courts navigate issues of journalistic activity in the digitalage, emphasizing the potential challenges brought by new media formats. The conclusionreflects on the evolving nature of these rights within Europe’s multi-level system, suggestingthat a cohesive approach remains a work in progress.