Chapter 9 of GDPR deals with certain situations which may arise during processing of certain types. In today’s article we will discuss the followings-
1) Processing and freedom of expressions and information (Art.85)
2) Processing and public access to official documents (Art.86)
1) Processing and freedom of expressions and information
Article 85 of GDPR states that member states must by law reconcile the right to the protection of personal data as per GDPR with the right to freedom of expressions and information, including, processing for journalistic purposes and the purposes of academic, artistic or literary expressions.
In order to get the processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member states must provide for exemptions or derogations from chapter II-VII and IX if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.
Chapter II deals with Principles, Chapter III with Right of the Data Subject, Chapter IV with Controller and Processor, Chapter V with transfer of personal data to third countries or international organisations, Chapter VI deals with Independent Supervisor Authority, Chapter VII deals with Cooperation and Consistency and chapter IX deals specific data processing situations.
Each member state is bound to notify to the Commission about the provisions of its law which it has adopted pursuant to paragraph 2 and, without delay, any subsequent amendment law or amendment affecting them.
2) Processing and public access to official documents (Art.86)
Article 86 of GDPR states that personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member State law to which the public authority or body is subject in order to reconcile public access to official documents with the right to the protection of personal data pursuant to GDPR.
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