GENERAL DATA PROTECTION REGULATION AND DATA PROTECTION ACT 2018

This table contains extracts and summaries of legislation using among other things the headings of paragraphs in the Schedules to the UK Data Protection Act 2018 ('DPA'). After identifying relevant paragraphs in those Schedules, users of this table should always use the DPA links provided to refer to the full text of those paragraphs, in order to identify their precise scope and to identify the 'listed GDPR provisions'. (See Summary of Data Protection Act 2018 for further explanation.)

This table sets out extracts from the official version of the GDPR and the original version of the DPA. It does not yet set out the amendments made to the GDPR and the DPA, effective within the UK as from the date of Brexit, by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, SI 2019/419. See the Brexit page for further information regarding Brexit.

Item Reference       Article 85 Link
1 85. Article 85 GDPR 85
2 85. Processing and freedom of expression and information GDPR 85
3 85.1 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. GDPR 85
4 85.2 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. GDPR 85
5 85.3 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. GDPR 85
Item Reference Articles which affect Article 85 Link
Item Reference       Paragraphs in Schedules to Data Protection Act 2018 which affect Article 85 Link
11 2/5/26 Journalistic, academic, artistic and literary purposes DPA Sch 2
ICO guidance
Item Reference Sections of the Data Protection Act 2018 which affect Article 85 Link
12 s. 178 Review of processing of personal data for the purposes of journalism DPA s.178
13 Sch. 17 Review of processing of personal data for the purposes of journalism DPA Sch.17
Item Reference       GDPR Recitals which affect Article 85
14 Recital 153 (153) Member States law should reconcile the rules governing freedom of expression and information, including journalistic, academic, artistic and or literary expression with the right to the protection of personal data pursuant to this Regulation. The processing of personal data solely for journalistic purposes, or for the purposes of academic, artistic or literary expression should be subject to derogations or exemptions from certain provisions of this Regulation if necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information, as enshrined in Article 11 of the Charter. This should apply in particular to the processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures which lay down the exemptions and derogations necessary for the purpose of balancing those fundamental rights. Member States should adopt such exemptions and derogations on general principles, the rights of the data subject, the controller and the processor, the transfer of personal data to third countries or international organisations, the independent supervisory authorities, cooperation and consistency, and specific data-processing situations. Where such exemptions or derogations differ from one Member State to another, the law of the Member State to which the controller is subject should apply. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary to interpret notions relating to that freedom, such as journalism, broadly.
Item Reference       Related Guidance which affects Article 85
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