THE MEANING OF GROUP PRIVACY OF PUBLIC FIGURES IN THE CONFRONTATION OF RIGHT TO PRIVATE LIFE AND FREEDOM OF SPEECH

Abstract

In the context of constant development of the digital environment, the conflict between the right to privacy and freedom of speech becomes more and more obvious. This confrontation challenges the lawyer in terms of determining the more significant right on case by case basis and gives rise to many ambiguities in law-making and law enforcement practice. The problem raised in the article is the lack of clear legal regulation in the sphere of categorization of personal data subjects and in the voluntary assumed vulnerability of public figures. Within the article, the author points out the importance of the phenomenon of “group privacy” and the lack of elaboration of approaches in regulating the protection of personal data of groups of persons whose private life has become the most vulnerable due to societal, objective facts. Such groups include, among other things, a group of public figures.

In order to clarify the scope of the processing of personal data of such subjects, the author proposes to introduce the category “a group of personal subjects subject to special protection” into the legislation on the protection of personal data. This group shall include public figures, as well as the disabled, elderly pensioners. The author sets the aims 1) to investigate the phenomenon of “group privacy”, 2) to define the category of “public figures”, 3) to make an attempt to reconcile the right to protection of personal data and freedom of speech. Methods used by the author include formal legal method, comparative legal method and philosophical approach.

The result of the article is the author's proposal to oblige operators to develop and publish special policies for the processing of personal data of groups of personal subjects subject to special protection. The author concludes that this approach will contribute to greater transparency in the processing of personal data, to the increase of greater awareness of personal data operators about the difficulties associated with the processing of data of such groups of subjects and the risks of working with them, and also, to the increase of general public awareness of the importance of protecting privacy.