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Privacy Authority. Same rules and warranties for blogger and reporters

News and comments can be published, even without consent, provided that the rights, the freedoms and the dignity of the person object of the writing are respected

The blogger, if he informs, does not commit an offense in reporting news and comments, even without consent. It was stated by the Privacy Authority in the newsletter of 27 April. According to the determination of the Authority, the blogger who provides information is subject to the same rules and sees recognized the same guarantees of a journalist provided that it respects the rights, the fundamental freedoms and the dignity of the person of whom it is being written about.

The principle was enshrined by declaring unfounded the action of a lady, a known public figure whose particulars have not been disclosed, who had called for the removal of an article from a blog in which her sentimental life and legal proceedings were touched. The affected believed that her personal data had been illegally circulated online and contested the applicability to her case of the provisions contained in the Privacy Code for the protection of freedom of expression in the printed press. In defining the appeal – the newsletter reads – the Guarantor has established that the rules on the protection of personal data is also applicable to the blog which provides information activities. The blog thus falls under Article 136 of the Privacy Code, which extends the guarantees regarding the journalistic activity in any other activity of expression, even if not carried out by journalists.

The Authority considered that the processing of personal data of the applicant can not be considered unlawful, in the light of the principles of the Code of journalists. Obviously the decision of the Authority – concludes the newsletter – does not affect the ability of the applicant to apply to the ordinary courts for the verification of any profiles deemed defamatory or otherwise offensive.

GM

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