Resolving the Conflict Between the Right to Freedom of Expression and Information with the Right to Personal Data in the Media from the Perspective of European Union Law and Iran's Legal System

Latifzadeh, Mahdiyeh

doi:10.22082/cr.2022.555750.2369

Resolving the Conflict Between the Right to Freedom of Expression and Information with the Right to Personal Data in the Media from the Perspective of European Union Law and Iran's Legal System

Document Type : Original Article

Author

Mahdiyeh Latifzadeh

Private Law, Ferdowsi University of Mashhad, Mashhad, Iran

https://doi.org/10.22082/cr.2022.555750.2369

Abstract

Respect for basic human rights and freedoms are necessary for the survival of any democratic society. For this reason, if fundamental rights are opposed to each other, one should think about how to establish a balance between these rights, and one cannot completely ignore a right due to the existence of such a conflict. Among these cases, we can mention the conflict between the right to freedom of expression and information with the right to protect the personal data of natural persons in the media and press. It should be noted that media and press operators are in contact with a wide range of personal data in publishing news; while they should inform the citizens properly and transparently; People's data rights should not be violated. Therefore, how to realize this in practice should be resolved. The current research has a descriptive-analytical and comparative nature due to the search for the answer to this problem from the legal sources of the European Union and then its investigation in the legal system of Iran. The research method is documentary and library; In this way, in the current research, various documents, including the legal documents of the aforementioned legal systems, have been examined. The conducted studies indicate that the media and the press can act in accordance with the right to freedom of expression and information when there is public interest in a news item, the celebrity of the subject of the news and the need to disclose this news in order to clarify public opinion, as well as ensure the accuracy of the information. and acquiring it from a reliable source should exist in tandem.

Keywords

Personal Data Protection

Right to Freedom of Expression and Information

European Court of Human Rights

European Regulations on Data Protection

Public Interest

20.1001.1.25382977.1401.29.111.8.9

Subjects

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