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News services process a great deal of personal data, but enjoy an exception: the full GDPR does not apply to journalistic publications in order to protect freedom of expression. However, that journalistic exception is not unlimited — a balance between privacy and news value remains.
The journalistic exception
An exception applies to processing for journalistic purposes: not all GDPR provisions apply (the journalistic exception, elaborated in the GDPR Implementation Act). Without that exception, current reporting, including names and images, would be virtually impossible. This gives the press the scope to inform.
The exception is not absolute
The exception does not constitute a free pass. A balance remains between the right to privacy and freedom of expression. The greater the infringement on someone's privacy and the lower the news value, the more likely the balance is to tip against the publication. For ordinary, non-journalistic processing, the GDPR applies in full.
Image and recognizable persons
With photos and videos of identifiable persons, portrait rights and due care apply in addition to the GDPR. Under certain circumstances, a person depicted may object to publication. Weigh the news value against privacy and portrait interests on a case-by-case basis.
What does this mean for your news service?
If your work is truly journalistic, you have more leeway, but remain careful: do not publish more private data than necessary, hear from opposing parties, and take privacy and portrait rights into account. For non-journalistic components (such as subscriber or marketing data), the standard GDPR rules apply.
Frequently Asked Questions
Does the GDPR not apply to news services?
The full GDPR does not apply to genuine journalistic publications (the journalistic exception). For other processing activities, such as subscriber or marketing data, the GDPR applies in full.
May I publish everything then?
No. A trade-off between privacy and news value remains. Do not publish more private data than necessary.
What about photos of recognizable people?
Portrait rights and due care also play a role here. Weigh the news value against privacy and portrait interests.
Is your media platform privacy-proof?
Our legal experts advise on the journalistic exception and draft your privacy statement . View our privacyteam or schedule a free consultation.
