For journalists and media companies it is very important that they
can obtain personal data and have filing systems for their journalistic purposes. It is also necessary that they can publish information even if it would mean that the published information
constitutes a filing system. According to Art 85 of the GDPR
member states of the EU shall provide for exemptions or derogations from certain chapters of the GDPR ”if they are necessary to reconcile the right to the protection of personal
data with the freedom of expression and information”.
According to recital 153 of GDPR it is important to interpret such
concepts like ”journalism” broadly. In this presentation I analyse these things in the light of ECHR, GDPR and recent GC judgment Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland (27.6.2017).
Text and Data Mining (TDM) for scientific research or for any other purpose is included in the provisions of the Directive 2019/790/EU on Copyright in the Digital Single Market. Research on TDM operations in the National Libraries of EU Member States was conducted and is presented.
Text and Data Mining (TDM) for scientific research or for any other purpose is included in the provisions of the Directive 2019/790/EU on Copyright in the Digital Single Market. Research on TDM operations in the National Libraries of EU Member States was conducted and is presented.
Attempts to study the case-law of International Courts through Topic Modeling...Yannis Panagis
Talk on 14th June 2017 on the LegalHackers Copenhagen Meetup about the use of topic modeling as a tool to study and intrepret the case-law of International Courts
Guest lecture 11 - Dr. Marinos Papadopoulos' presentation for his lecture to students of Edith Cowan University, School of Business & Law (Perth, Australia) on all the key principles providing the basis for the protection of personal data in consideration of the GDPR Regulation in Europe and on the lawful processing principle.
The aim of the webinar is to introduce the audience, in particular non-lawyers, to the legal framework of text and data mining, focusing on the main aspects of the law at the European level.
Towards a Cross-Article Narrative Comparison of NewsMartino Mensio
In the world of public misinformation, there are many cases where the information is not false or fabricated, but rather has been manipulated using more subtle techniques such as word replacements, selection of details, omissions and argument distortion. These techniques can have the effect of influencing the reader’s frame of mind towards the events reported. We currently lack the necessary tools to uncover such manipulations automatically. In this position paper, we propose an integrated analysis framework and pipeline to identify various narrative signals in news articles; such as structural roles, framing, and subjectivity. By comparing these at the document level and sentence level, it will be possible to highlight differences of narrative techniques used to report the same news events.
New Media Internet Expression and European Data ProtectionDavid Erdos
These slides are based on my keynote address to the Maison Française d'Oxford conference "Data Privacy Law: Policy and Legal Challenges", 20 November 2015. Drawing on both doctrinal analysis and a survey of European Data Protection Authorities (DPAs) it makes four key claims about law and practice as entrenched in C-131/12 Google Spain (2014). Firstly, both the Court of Justice and especially European DPAs have adopted an expansive interpretative stance as regards data protection applied to internet expression. Secondly, that paradigm has serious implications for a range of internet actors beyond search engines. Thirdly, enforcement has been both limited and sporadic. Fourthly, a focus by DPAs on enforcement can result in the production of detailed guidance which "reads down" the law and therefore is some tension with the expansive interpretative stance generally adopted, the implementation of the Google Spain decision against search engines being a case in point.
Balancing the freedom of expression and right to private life korpisaariPäivi Korpisaari
Freedom of expression and right to private life
Balancing criteria
‒ Contribution to a debate of general interest
‒ How well known he person concerned is and what is the subject of the report
‒ Prior conduct of the person concerned
‒ The Content, form and consequences of the publication
‒ How the information is obtained
‒ Proportionality of the sanctions imposed
Critical opinions and discussion
Conclusions
Practical recommendations on the draft-law Uzbekistan/Unesco 06042013 10072013Jarmo Koponen
Practice of access to information. Finland has a long tradition of open access to government files, starting from the Worlds oldest freedom of information law that was enacted in 1766, when Finland was part of Sweden. The draft Law is clearly about the transparency and publicity of the ACTIVITIES of officials, not DOCUMENTS only. Having a broader scope is good. (Specialist Heikki Kuutti, senior researcher in Journalism at the Department of Communication,University of Jyväskylä.)
#Hackingthe Law #ODIFridays 20 March 2015Chris Marsden
Hacking the law system: open legal data in Europe
What can opening access to law achieve? The answer is simple, it can result in a better and wider legal knowledge, which means a “better informed citizenry”.
Openlaws.eu is a DG Justice project intended to give citizens better access to legislation, case law and commentary in the UK, Netherlands and Austria.
Professor Chris Marsden will discuss the benefits that might come out of a wider legal knowledge, including: more litigation, more mediation, better consumer contracts, lower contract costs, better spread of liabilities, better protection for those whose rights are abused.
Legal Issues of Government Use of Social MediaDavid Menken
This presentation explores the legal issues relevant to government use of social media, most particularly first amendment and open meetings/document retention matters. It was given at the New York State Cyber Security Conference in Albany NY on June 2, 2015.
rights and responsibilities
privacy by design strategies
privacy principles
privacy enhancing technologies (PETs)
big data concerns
private, shared and public - boundary transitions
data protection impact assessment (DPIA)
cross border data transfers
derogations for research
Attempts to study the case-law of International Courts through Topic Modeling...Yannis Panagis
Talk on 14th June 2017 on the LegalHackers Copenhagen Meetup about the use of topic modeling as a tool to study and intrepret the case-law of International Courts
Guest lecture 11 - Dr. Marinos Papadopoulos' presentation for his lecture to students of Edith Cowan University, School of Business & Law (Perth, Australia) on all the key principles providing the basis for the protection of personal data in consideration of the GDPR Regulation in Europe and on the lawful processing principle.
The aim of the webinar is to introduce the audience, in particular non-lawyers, to the legal framework of text and data mining, focusing on the main aspects of the law at the European level.
Towards a Cross-Article Narrative Comparison of NewsMartino Mensio
In the world of public misinformation, there are many cases where the information is not false or fabricated, but rather has been manipulated using more subtle techniques such as word replacements, selection of details, omissions and argument distortion. These techniques can have the effect of influencing the reader’s frame of mind towards the events reported. We currently lack the necessary tools to uncover such manipulations automatically. In this position paper, we propose an integrated analysis framework and pipeline to identify various narrative signals in news articles; such as structural roles, framing, and subjectivity. By comparing these at the document level and sentence level, it will be possible to highlight differences of narrative techniques used to report the same news events.
New Media Internet Expression and European Data ProtectionDavid Erdos
These slides are based on my keynote address to the Maison Française d'Oxford conference "Data Privacy Law: Policy and Legal Challenges", 20 November 2015. Drawing on both doctrinal analysis and a survey of European Data Protection Authorities (DPAs) it makes four key claims about law and practice as entrenched in C-131/12 Google Spain (2014). Firstly, both the Court of Justice and especially European DPAs have adopted an expansive interpretative stance as regards data protection applied to internet expression. Secondly, that paradigm has serious implications for a range of internet actors beyond search engines. Thirdly, enforcement has been both limited and sporadic. Fourthly, a focus by DPAs on enforcement can result in the production of detailed guidance which "reads down" the law and therefore is some tension with the expansive interpretative stance generally adopted, the implementation of the Google Spain decision against search engines being a case in point.
Balancing the freedom of expression and right to private life korpisaariPäivi Korpisaari
Freedom of expression and right to private life
Balancing criteria
‒ Contribution to a debate of general interest
‒ How well known he person concerned is and what is the subject of the report
‒ Prior conduct of the person concerned
‒ The Content, form and consequences of the publication
‒ How the information is obtained
‒ Proportionality of the sanctions imposed
Critical opinions and discussion
Conclusions
Practical recommendations on the draft-law Uzbekistan/Unesco 06042013 10072013Jarmo Koponen
Practice of access to information. Finland has a long tradition of open access to government files, starting from the Worlds oldest freedom of information law that was enacted in 1766, when Finland was part of Sweden. The draft Law is clearly about the transparency and publicity of the ACTIVITIES of officials, not DOCUMENTS only. Having a broader scope is good. (Specialist Heikki Kuutti, senior researcher in Journalism at the Department of Communication,University of Jyväskylä.)
#Hackingthe Law #ODIFridays 20 March 2015Chris Marsden
Hacking the law system: open legal data in Europe
What can opening access to law achieve? The answer is simple, it can result in a better and wider legal knowledge, which means a “better informed citizenry”.
Openlaws.eu is a DG Justice project intended to give citizens better access to legislation, case law and commentary in the UK, Netherlands and Austria.
Professor Chris Marsden will discuss the benefits that might come out of a wider legal knowledge, including: more litigation, more mediation, better consumer contracts, lower contract costs, better spread of liabilities, better protection for those whose rights are abused.
Legal Issues of Government Use of Social MediaDavid Menken
This presentation explores the legal issues relevant to government use of social media, most particularly first amendment and open meetings/document retention matters. It was given at the New York State Cyber Security Conference in Albany NY on June 2, 2015.
rights and responsibilities
privacy by design strategies
privacy principles
privacy enhancing technologies (PETs)
big data concerns
private, shared and public - boundary transitions
data protection impact assessment (DPIA)
cross border data transfers
derogations for research
The EU Data Protection Reform's Impact on Cross Border E-discovery; updated h...AltheimPrivacy
Check out this link for the latest version: http://www.slideshare.net/EDiscoveryMap/the-eu-data-protection-reforms-impact-on-cross-border-ediscovery-27629797
The European Commission's proposal for a new General Data Protection Regulation (GDPR), represents the most significant global development in data protection law since Directive 95/46. It will considerably impact cross-border e-discovery in the EU.
Voiko päätoimittaja vapautua vastuusta vaikenemalla? Erään journalistiyhdistyksen pyytämä esitelmä lehden päätoimittajan vastuusta. Vastuu määräytyy rikoslain yleisten oppien mukaan eli objektiivisen tunnusmerkistön ja subjektiivisen syyllisyyden on näytettävä täyttyneen.
1. Sustainable solutions in smart cities need data – but data easily turns to personal data
=> GDPR as the law of everything
2. Who governs data and how
3. How citizens could better decide when they give their data and for what purposes and with what conditions
- Transparency
- Consent and fair contract terms
- Legitimate interest or public interest as grounds for processing data
4. Conclusions: is the GDPR fit to deal with data processing in a smart city?
Korpisaari how to combat hate speech without sacrificing freedom of speech?Päivi Korpisaari
This is a presentation I gave at an international virtual hate speech seminar in South Korea, organised by TAIEX. Because there were five presentations on this theme, I only cover some aspects, in order to avoid overlapping with other presentations.
Esityksessä kerron, milloin paikkatiedot ovat henkilötietoja ja miten paikkatietojen henkilötietoluonne vaikuttaa oikeuteen käsitellä ja luovuttaa näitä tietoja.
Tässä on muutamia perusfaktoja ja pohdintaa/kysymyksiä journalistin rikosoikeudellisesta vastuusta. Arvioinnin kohteena on erityisesti turvallisuussalaisuuden paljastaminen.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Reconciling protection of personal data and journalistic freedom
1. www.helsinki.fi/yliopisto
Reconciling protection
of personal data and
journalistic freedom
– mission impossible?
Päivi Korpisaari, Professor in Communication Law
University of Helsinki, Faculty of Law
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 1
2. www.helsinki.fi/yliopisto
Content
• Freedom of Expression
• Right to Private life
• Right to Private Life
• Personal Data Protection
• Balancing FoE & PDP: Case Satakunnan
Markkinapörssi Oy and Satamedia v. Finland
• Conclusions / Discussion
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 2
3. www.helsinki.fi/yliopisto
• Freedom to hold opinions
and to receive and impart
information and ideas
• “one of the essential
foundations of a
democratic society and
one of the basic conditions
for its progress and each
individual's self-fulfilment”
(for example Satakunnan
Markkinapörssi and
Satamedia Oy v. Finland,
GC)
Freedom of Expression, ECHR
Art 10
3(c) Päivi Korpisaari, SLS Dublin 8.9.2017
• Right to obtain
information has been
guaranteed in casu on
different grounds
4. www.helsinki.fi/yliopisto
Freedom of Expression
• Press´ task is to impart information and ideas on all
matters of public interest and act like a public watchdog
(taking into account duties and responsibilities)
• Recently applied also to NGO’s
• Protection of anonymous expression and information
sources
• Gathering of information is an essential preparatory step
in journalism and an inherent, protected part of press
freedom
• Subject to exceptions which must be construed strictly,
and the need for restrictions must be established
convincingly
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 4
6. www.helsinki.fi/yliopisto
Right to Private life, art 8
• Right to family life, home, secrecy of correspondence and
personal data protection
• Physical, psychological and moral integrity of a person
• Also activities of professional or business nature
• Right to establish and develop relationships with other human
beings
• Personal autonomy
• Right to live privately, away from unwanted attention
• Right to personal information, which individuals can legitimately
expect should not be published without their prior consent
• Also persons that are known to the general public are able to
count on a legitimate expectation of protection their private life
• Protection of reputation and honour, if the attack attains a certain
level of gravity
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 6
7. www.helsinki.fi/yliopisto
Right to Private Life and
personal data protection
• The fact that information is already in the public domain
will not necessarily remove the protection of Art 8
• If there has been compilation of data on a particular
individual, processing or use of personal data or
publication of the material concerned in a manner or
degree beyond that normally foreseeable, private life
considerations arise
• ”The protection of personal data is of fundamental
importance to a person’s enjoyment of his or her right to
respect for private and family life, …. The domestic law
must afford appropriate safeguards to prevent any such
use of personal data as may be inconsistent with the
guarantees of this Article” (S. and Marper v. UK)
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 7
9. www.helsinki.fi/yliopisto
Personal data protection
• ”Article 8 of the Convention thus provides for the right to a
form of informational self-determination, allowing
individuals to rely on their right to privacy as regards data
which, albeit neutral, are collected, processed and
disseminated collectively and in such a form or manner
that their Article 8 rights may be engaged.” (Satakunnan
Markkinapörssi Oy and Satamedia Oy v. Finland)
• Compare: Protection of reputation and honour, if the
attack on personal honour and reputation attains a certain
level of gravity (Sidabras and Džiautas v. Lithuania (; Axel
Springer AG v. Germany)
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 9
10. www.helsinki.fi/yliopisto
Charter of fundamental rights of
the EU
• Respect for private and family life (7 Art.)
• Protection of personal data (8 Art.)
• Freedom of expression and information (Art. 11)
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 10
11. www.helsinki.fi/yliopisto
• Res. 4. ”The processing of
personal data should be
designed to serve
mankind. The right to the
protection of personal data
is not an absolute right; it
must be considered in
relation to its function in
society and be balanced
against other fundamental
rights, in accordance with
the principle of
proportionality.”
• Art. 4(1) Personal data:
any information relating
to an identified or
identifiable natural
person
• Identified directly or
indirectly
GDPR
11(c) Päivi Korpisaari, SLS Dublin 8.9.2017
12. www.helsinki.fi/yliopisto
GDPR, introduction
• 153) Law should reconcile the rules governing freedom
of expression and information, including journalistic,
academic, artistic and or literary expression with the
protection of personal data
• Processing of personal data solely for journalistic
purposes (…) should be subject to derogations or
exemptions from certain provisions of this Regulation if
necessary to reconcile the right to the protection of
personal data with the right to freedom of expression
and information
• Necessary to interpret notions relating to that freedom,
such as journalism, broadly
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 12
13. www.helsinki.fi/yliopisto
GDPR, Art. 85: Processing and
freedom of expression and
information
• Member States shall by law reconcile the right to the
protection of personal data pursuant to this
Regulation with the right to freedom of expression
and information, including processing for journalistic
purposes and the purposes of academic, artistic or
literary expression (see also res. 153)
• Exemptions or derogations from many Chapters if
they are necessary
• Each Member State shall notify to the Commission
the provisions of its law which it has adopted
pursuant to this topic
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 13
15. www.helsinki.fi/yliopisto
Satakunnan Markkinapörssi etc.
GC 27.6.2017
• Veropörssi magazine had published taxation data on
1.2 million persons’ taxable income and assets.
Among those persons were well-known
personalities, well-earning persons, ordinary citizens
and also low-income ordinary people
• The magazine had been prohibited from publishing
the tax data in this way and sending the tax
information by SMS message for a fee of few euros
to those who requested information
• Companies alleged that their right to freedom of
expression had been violated (and also breach of Art
6, which will not be discussed further)
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 15
16. www.helsinki.fi/yliopisto
Court of Justice (EU; the same
companies, earlier process)
• Importance of the right to freedom of expression: broad interpretation
of journalism
• Protection of the fundamental right to privacy requires that the
derogations and limitations in relation to the protection of data must
apply only insofar as is strictly necessary
• ”… activities such as those carried on by Markkinapörssi and
Satamedia and which concern data from documents which are in the
public domain under national legislation may be classified as
‘journalistic activities’ if their object is the disclosure to the public of
information, opinions or ideas, irrespective of the medium which is
used to transmit them. They are not limited to media undertakings and
may be undertaken for profit-making purposes.”
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 16
17. www.helsinki.fi/yliopisto
ECtHR: Publishing taxation data
concerned private life
• Taxation data collected, processed and published by
the applicant companies in Veropörssi, providing
details of the taxable earned and unearned income
as well as taxable net assets, clearly concerned the
private life of individuals, even though according to
Finnish law, that data could be accessed, in
accordance with certain rules, by the public
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 17
18. www.helsinki.fi/yliopisto
Lawfulness
• Legal basis in domestic law
• Quality of the law
• Accessible to the person concerned
• Foreseeable as to its effects
• “in the absence of a provision in the domestic legislation
explicitly regulating the quantity of data which could be
published and in view of the fact that several media outlets
in Finland were also engaged in publication of similar
taxation data to some extent, the question arises whether
the applicant companies could be considered to have
foreseen that their specific publishing activities would fall
foul of the existing legislation, bearing in mind in this
connection the existence of the journalistic purposes
derogation”
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 18
19. www.helsinki.fi/yliopisto
Lawfulness
• As media professionals applicants should have been
aware of the possibility that the mass collection of data
and its wholesale dissemination might not be considered
as processing “solely” for journalistic purposes
• Instead of complying with the request for more information
of the Personal Data Ombudsman, applicants
circumvented the usual route and collected the data
manually at the local tax offices
• According to Guidelines for Journalists (which must have
been familiar to applicants) the use of information
contained in public documents did not always mean that
the information was freely publishable
• Limitation was prescribed in law
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 19
20. www.helsinki.fi/yliopisto
Legitimate aim
• Many people had contacted Data Protection
Ombudsman
• Arguable that all Finnish taxpayers were affected
• Interference with applicants´right to freedom of
expression pursued the legitimate aim of protecting
“the reputation or rights of others”
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 20
21. www.helsinki.fi/yliopisto
Necessary in a democratic society
• Core questions
• Whether the interference with the applicant´s right to
freedom of expression was “necessary in a democratic
society” and
• Whether there was a fair balance between freedom of
expression and right to respect for private life
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 21
22. www.helsinki.fi/yliopisto
Margin of appreciation
• The outcome should not vary according to whether it
has been lodged with the Court under Art 8 or Art 10
• If the national authorities have made the balancing
test in conformity with the criteria of the Court’s case-
law, strong reasons to depart from that
• The Court’s task is not to take the place of the
national courts
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 22
23. www.helsinki.fi/yliopisto
Balancing criteria
• Contribution to a debate of public interest
• The degree of notoriety of the person affected
• The subject of the news report
• The prior conduct of the person concerned
• The content, form and consequences of the
publication
• The way in which the information was obtained and
its veracity
• The gravity of the penalty imposed or the amount of
compensation
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 23
24. www.helsinki.fi/yliopisto
Contribution to a debate of
public interest
• Matters which affect the public to such an extent that it
may legitimately take an interest in them
• Publication of taxation data in the manner and to the
extent done by the applicant companies did not contribute
to such a debate
• The journalistic purposes in the Finnish Personal Data Act
are intended to allow journalists to access, collect and
process data in order to ensure that they are able to
perform their journalistic activities, which are essential in a
democratic society
• Distinction: 1) processing of data for journalistic purposes
2) dissemination of the raw data to which the journalists
were given privileged access
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 24
25. www.helsinki.fi/yliopisto
Subject of the impugned publication
and how well-known were the
persons concerned
• The data published in Veropörssi comprised the
surnames and names of natural persons whose
annual taxable income exceeded 10 000-13 500 per
year as well as details relating to their taxable net
assets
• 1.2 million natural persons were the subject of the
Veropörssi publication. Only very few were
individuals with a high net income, public figures or
well-known personalities
• “The more they published the less they interfered” –
argument didn´t succeed
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 25
26. www.helsinki.fi/yliopisto
Manner of obtaining the
information and its veracity
• Published information was collected in the local tax
offices and was accurate
• The data were not obtained by illicit means, but
applicants had a policy of circumventing the normal
channels open to journalists to access taxation data
and, accordingly, the checks and balances
established by the domestic authorities to regulate
access and dissemination
• The data were then published in raw form, as
catalogues or lists
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 26
27. www.helsinki.fi/yliopisto
Content, form and consequences of
the publication and related
considerations
• The fact that the data in question were accessible to the public did
not mean that they could be published to an unlimited extent
• Publishing the data in a newspaper, and further disseminating that
data via an SMS service, rendered it accessible in a manner and to
an extent not intended by the legislator
• Gathering of information is an essential preparatory step in
journalism and an inherent, protected part of press freedom
• Supreme Administrative Court did not seek to interfere with the
collection by the applicant companies of raw data, an activity which
goes to the heart of press freedom, but rather with the dissemination
of data in the manner and to the extent outlined above
• Finland has an exceptionally wide access to taxation data => wide
margin of appreciation
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 27
28. www.helsinki.fi/yliopisto
Gravity of the sanction imposed
on the journalists or publishers
• The applicants were not prohibited from publishing
taxation data or from continuing to publish
Veropörssi, albeit they had to do so in a manner
consistent with Finnish and EU rules on data
protection and access to information
• The fact that, in practice, the limitations imposed on
the quantity of the information to be published may
have rendered some of their business activities less
profitable is not, as such, a sanction within the
meaning of the case-law of the Court
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 28
29. www.helsinki.fi/yliopisto
Conclusion
• No violation of Art 10
• The reasons relied upon were both relevant and
sufficient to show that the interference complained of
was “necessary in a democratic society” and that the
authorities of the respondent State acted within their
margin of appreciation in striking a fair balance
between the competing interests at stake
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 29
30. www.helsinki.fi/yliopisto
Conclusions and discussion
• In my opinion the outcome of the judgment is fair
and just – what would be left of personal data
protection and privacy if publishing raw data in this
extend would be allowed
• What is journalism
• Or how do we define the academic, artistic or literary
purposes
• How to prevent misuse of those purposes
• What kind of national legislation is needed
(c) Päivi Korpisaari, SLS Dublin 8.9.2017 30
31. www.helsinki.fi/yliopisto 31(c) Päivi Korpisaari, SLS Dublin 8.9.2017
Thank you for your attention
Päivi Korpisaari @PKorpisaari
• Publications and activities:
https://tuhat.helsinki.fi/portal/fi/person/ptiilikk
• academia.edu: Päivi Korpisaari
• paivi.korpisaari@helsinki.fi