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Protection of Personal Data vs. Freedom of Expression and Information: Domestic Legal Framework in Relation to the European Best Practices

16 May 2017
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The Independent Journalism Center launched Tuesday, May 16, the study titled “Protection of Personal Data vs. Freedom of Expression and Information”, signed by lawyer Tatiana Puiu. The study was prepared in the period of March-April 2017 and is part of the IJC campaign aiming to improve the legislation concerning personal data from the perspective of ensuring freedom of expression and access to information.

The study was presented at a public debate that brought together at a common table representatives of the Parliament, the National Center for the Protection of Personal Data, Ministry of Justice, Ministry of Internal Affairs, the Superior Council of Magistracy, the Legal Resource Center of Moldova, as well as journalists, media experts, media managers, etc.

The document is an x-ray of the current situation in the field of personal data from the perspective of ensuring freedom of expression and access to information, assessing the domestic legal framework and relating it to European best practices. Also, the study examines the mechanisms designed to ensure access to personal data for media representatives and media outlets in the process of journalistic work. In the end, Tatiana Puiu comes up with a number of recommendations for optimization of national legislation and proposes new optimal mechanisms, properly justified, to improve the situation in the field.

The study consists of three sections: 1. The context and the framework of the European and national legislation on access to personal information, referring to the norms of EU legislation on personal data protection and to access to personal information in Moldova; 2. Processing of personal data and freedom of expression and information – analyzes how personal data are processed for journalistic purposes and how information of public interest is positioned vs. the need to protect personal data; 3. Harmonization of the national legal framework on the protection of personal data with European standards in terms of the right to freedom of expression and information. The study ends with conclusions and recommendations.

The work is intended not only for journalists, but also for civil servants, individuals and legal entities, as well as for all those interested in the subject.

The study in english will soon be available on www.media-azi.md.

The campaign is carried out with the support of the Swedish International Development Cooperation Agency through the Swedish Embassy in Chisinau.