Mediahuis Ireland Group Limited – Dismissed (Ireland, 2024)

Mediahuis Ireland Group Limited (the controller) is a media organization publishing Irish news. A data subject filed a complaint with the Irish Data Protection Commission (DPC) concerning a series of news reports in the three of the controller’s newspapers -- the Irish Independent, the Herald and the Sunday Independent – in which their medical data was processed. The controller claimed that the right to freedom of expression and information for journalistic purposes permitted the processing. Pursuant to section 43 of the Data Protection Act 2018, the DPC initiated an inquiry into the balance between the right to freedom of expression and the right to data protection. Under section 43 of the Data Protection Act, processing of personal data for the purpose of exercising the right to freedom of expression and information exempts a controller from complying with several GDPR provisions. This exemption is only applicable in circumstances where compliance with the provision would be incompatible with exercising the right to freedom of expression. The DPC investigated the applicability of the exemption pursuant to the Section 43 balancing test, considering two things: first, whether the processing was for the purpose of exercising the right to freedom of expression and information; and second, whether compliance with the relevant GDPR provisions would be incompatible with those purposes. The DPC dismissed the complaint, finding that the freedom of expression and information exemption under section 43(1) of the Data Protection Act of 2018 applied to the controller’s reporting. The DPC noted that the balancing test favors freedom of expression where the information is published in the public interest. Public interest is defined as an interest in disclosing information that contributes to a debate of general interest – not merely something that is interesting to the public. In this case, the DPC found that the controller was publishing information in the public interest