Balancing the right to data protection and the right to freedom of expression: Europe and Armenia

Abstract

The subject matter of the present thesis paper is the examination of development of the right to data protection and the right to freedom of expression through various legal documents in Europe and Armenia. Moreover, the examination of how the balancing and reconciliation of these two fundamental rights is being done. The practical significance and the choice of the subject matter of the thesis is justified by the fact that due to rapid development of digital world more attention is put on the protection of individuals’ personal data but at the same it is necessary to strike a fair balance with the freedom of expression, hence the reconciliation of these two important rights becomes crucial for every society. The present thesis paper aims to examine the right to data protection and the right to freedom of expression in various legal documents, the development of these two rights and their reconciliation by examining the journalistic exception clause. Moreover, based on the current research to give recommendations regarding the balancing of the two rights in both EU’s General Data Protection Law and Law on Personal Data Protection of the Republic of Armenia. The core question that lies within our present research is how these two fundamental rights are being reconciled and balanced in Europe and Armenia.