„Rich Lists” and Data Protection

Law Application Dilemmas Related to Data Journalism

Abstract

The following study is reflecting on the Hungarian Forbes case, which received much attention a few years ago. In this precedent, the main focus was on rich lists, and the “journalistic purposed exemptions” related to personal data protection declared in the GDPR. According to the latter, the journalistic purposed processing of personal data may be excused of GDPR requirements. With this provision, the legislator recognises the importance of freedom in journalistic activity, while underlining responsible personal data processing. The relevant issues in the Forbes case were mainly a matter of precedent, as there was no passage in force other than the GDPR’s governing provisions that could have explicitly assisted the National Authority for Data Protection and Freedom of Information and also the jurisdiction. The most dominant criticism of the related decisions ruled by these state bodies has been that the assessments which were laid down could have a chilling, self-censoring effect on the journalistic activity, especially on data-driven journalism, and will make it difficult to react promptly to events and to publish them. In the interest of clarity, this paper will present and evaluate those legal cases that have assisted the official state bodies. This study also examines the relevant GDPR paragraphs, since the root of the underlying problem is the lack of clarity regarding peculiarly the content of “journalistic purposed exemptions” in personal data processing.