
Contents
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1. The Data Protection Authority (DPA) Questionnaire 1. The Data Protection Authority (DPA) Questionnaire
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1.1 Questions Posed 1.1 Questions Posed
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1.2 Enforcement Power Stance Findings 1.2 Enforcement Power Stance Findings
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1.3 Enforcement Action Findings: Scope of Activity 1.3 Enforcement Action Findings: Scope of Activity
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1.4 Enforcement Action Findings: Areas of Activity 1.4 Enforcement Action Findings: Areas of Activity
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2. The Data Protection Authority Website Review 2. The Data Protection Authority Website Review
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2.1 General Enforcement Findings 2.1 General Enforcement Findings
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2.2 Media Archives and Enforcement 2.2 Media Archives and Enforcement
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3. Explaining Divergences in a Regulator’s Enforcement Stance and Action: Statutory Law Stringency, Resourcing, or Both? 3. Explaining Divergences in a Regulator’s Enforcement Stance and Action: Statutory Law Stringency, Resourcing, or Both?
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4. Further Analysis 4. Further Analysis
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5. Conclusions 5. Conclusions
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7 Second-Generation European Data Protection Regulation and Professional Journalism: Probing Enforcement
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Published:December 2019
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Abstract
Drawing on the results of both a questionnaire and a public domain website review, this chapter explores the enforcement stance and track record of European Data Protection Authorities (DPAs) vis-à-vis the professional journalistic media under the Data Protection Directive. Approximately 80 per cent of DPAs accepted that they possessed regulatory powers in this regard and over 60 per cent reported having undertaken some enforcement. However, the number who conceptualized their powers to be partial was far higher than that set out in statutory law and half the DPAs which did report enforcement had only intervened in relation to one or two often quite diffuse areas of data protection. The website review verified enforcement for 40 per cent of the DPAs and confirmed that activity had often focused on data linked either to specific privacy interests (especially where sensitive data was involved) and/or data whose safeguarded treatment underpinned critical socio-economic relationships (e.g. national identification numbers). In general, action had been very patchy, with a notable absence of intervention even in relation to issues that only raise limited free speech concerns such as avoiding or rectifying significant inaccuracies. This patchiness could not be fully explained by statutory law (which often remained quite prescriptive), the general need for contextual rights balancing, limited resourcing, or the need for an interface with self-regulation. Nevertheless, enforcement was strongly and positively correlated with the stringency of local law. Relationships with DPA resources were more mixed although there was a significant positive association between enforcement and the per capita human resources available to a regulator.
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