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European Observer on fundamental right's respect

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Case Law C-73/07 (16/12/2008)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 12/16/2008

Subject: The processing of personal data made available by the tax authorities for the purposes of putting into place a text-messaging service allowing mobile telephone users to receive tax data relating to other natural persons, may be the subject of a derogation from the data protection rules if it is carried out solely for journalistic purposes. In order to reconcile the protection of privacy and the right to freedom of expression, the Member States are required to provide for a number of derogations or limitations in relation to the protection of data and, therefore, in relation to the fundamental right to privacy. These derogations must be made solely for journalistic purposes or for the purposes of artistic or literary expression, which fall within the scope of the fundamental right to freedom of expression, in so far as it is apparent that they are necessary in order to reconcile the right to privacy with the rules governing freedom of expression.

Parties: Tietosujavaltuutettu c/ Satakunnan Markkinap√∂rssi Oy e.a.

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: access - Personal data: rectification - Art. 11 Freedom of expression - Freedom of information

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