Bergens Tidende – Dismissed (Norway, 2021)

Dismissed
Datatilsynet (Norway)2 February 2021Norway
final
Dismissed

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

Norway's Datatilsynet dismissed a complaint against Bergens Tidende for publishing personal data in a news article. The article was deemed to have a public interest and fell under journalistic activity exemptions. This decision highlights the balance between privacy and freedom of expression in journalism.

What happened

Bergens Tidende published personal data in a news article about an insolvency case.

Who was affected

The person whose insolvency and financial details were reported in the newspaper article.

What the authority found

Datatilsynet found that the publication was protected under journalistic activity exemptions, balancing public interest with privacy rights.

Why this matters

This case underscores the importance of balancing privacy rights with freedom of expression in journalism. It shows that established newspapers may have more leeway in publishing personal data if it's in the public interest.

GDPR Articles Cited

National Law Articles

Personopplysningsloven § 3

Entities Involved

Bergens Tidende
Complainant
Full Legal Summary
Detailed

The newspaper Bergens Tidende published a story regarding an insolvency case, which highlighted that the tax authority had declared the complainant bankrupt due to unpaid taxes. The article also mentioned that the complainant had payment remarks and execution proceedings against him, and that the information was collected from a credit rating. The newspaper later informed that some of the information was factually incorrect. The complainant also filed a complaint with the Norwegian Press Complaints Commission ("Pressens Faglige Utvalg"), where the complaint was upheld. Did the publishing of the complainants personal data fall under the exemption for journalistic activity in the national legislation? PVN remarked that the wording of the exemption for journalistic activities in Personopplysningsloven § 3 was broader than Article 85 GDPR. It highlighted that the exemption was not absolute, but that freedom of expression needed to be proportionally balanced against the right of privacy. PVN based the assessment on the wording of Article 85 GDPR, The Norwegian Constitution § 100, The European Convention of Human Rights Article 10, and the International Covenant on Civil and Political Rights (ICCPR) Article 10 and Article 19. PVN refers to C-73/07 para. 55 and 56 to support their view of the assessement of proportionality and that the exemption must be read in light of freedom of expression. PVN agreed with the complainant that the exemption for journalistic activities was not absolute. However, the personal data collected in the specific case was for an article under an established newspaper with editorial control and with a clear public interest. The complaint was therefore rejected.

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for Bergens Tidende in NO

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

2 February 2021

Authority

Datatilsynet (Norway)

GDPRhub ID

gdprhub-3151

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Bergens Tidende - Norway (2021). Retrieved from cookiefines.eu

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