DPA case 2020082249 – Violation Found (Iceland, 2020)

As the Icelandic DPA receives complaints on media coverage of individuals on a regular basis, it has decided to issue an opinion on the relationship between freedom of expression of the media and the privacy of individuals. This new opinion comes as an update of previous opinions regarding privacy and the media issued in the context of older laws. The Icelandic DPA outlined the importance of media and freedom of expression in a democratic society. It went on to say that the media must also guarantee democratic principles, including the respect for rights such as the right to privacy. The DPA outlined that freedom of expression, as well as the right to privacy, were enshrined in the Icelandic Constitution. The right to freedom of expression can be found under Article 73, whilst the right to privacy falls within Article 71 of the Constitution. Elaboration on the latter Article can be found in the national Act 90/2018 and the GDPR. The Icelandic DPA outlined that Article 6 Act 90/2018 provides for the harmonization of the right to privacy and freedom of expression. The Article is based on Article 85 GDPR which obliges member states to reconcile data protection law and freedom of expression in national law. Article 6 Act 90/2018 establishes that only Article 5(1)(a) and (d), Articles 24, 26, 28, 29, 32, 40-43 and 82 GDPR will apply in the context processing for journalistic purposes. The Icelandic DPA then went on to describe its tasks pursuant to Article 39 Act 90/2018. This includes deciding whether there is a breach of the Act or the GDPR on the basis of complaints made. However, the DPA does not consider itself to be competent to assess the boundaries between the constitutional rights to privacy and freedom of expression where a media entity is concerned. It deems that a court is better place to make such decisions. Therefore, the DPA does not have jurisdiction to determine whether an individual has gone beyond it constitutional right to freedom of expression a