In connection with the European Commission’s response to my initiative to extend the “Right to be forgotten” to the media as controllers of personal data, I would like to emphasize that the presented position of the EC is an important step in the debate on the responsibility of the media in the context of personal data protection.
The European Commission confirmed in its letter dated 13 September 2024 that the media, or media publishers, as data controllers, are subject to the provisions of the GDPR. This means that individuals may request the deletion of personal data when they are processed unlawfully or in the case of other specified grounds. At the same time, the Commission noted that this right is not absolute and must be balanced against freedom of speech and information. Individual decisions on the balancing of these rights are made by national authorities dealing with the protection of personal data. This also applies to the right to receive compensation from the data controller for material or non-material damage suffered as a result of a breach of the GDPR.
In the event of personal data being made public, the data controller, in this case the media publisher, is also obliged to take reasonable steps to inform the controllers processing such personal data (i.e. press reprints) that the data subject has requested the removal of any links to such data, copies or replications thereof.
I respect the position of the EU bodies and am grateful for the opinion and recommendations received. Popularising this knowledge among citizens of the European Union is an important step in defending the personal rights of individuals. It is also a starting point in equipping society with tools to defend their rights against disinformation in the media.
The European Commission has emphasised that alleged cases of defamation and slander are not covered by the GDPR. They should be dealt with in accordance with applicable national civil or criminal law. However, my initiative concerns cases where courts ruled in favour of individuals whose personal rights have been violated. The current practice, in which people affected by defamatory articles or slander in the media have to constantly take legal action to defend their good name, is unacceptable.
That is why I believe that there is a real need to create clear guidelines and effective mechanisms in this area. They would make it easier for Polish and EU citizens to fight against unreliable publications in the media. These tools would also increase the responsibility of publishing houses.
I commit to continue my actions aimed at introducing solutions that will make it easier for EU citizens to exercise the “Right to be forgotten” in relation to media publications. This applies especially to situations where the published information is untrue, harmful or outdated. I believe that this is essential to protect the rights of individuals in the digital world.
I thank the European Commission for taking up this important issue. I believe in further dialogue at national and European level. It will allow us to develop solutions that will better protect the privacy and good name of citizens, while respecting freedom of speech and the right to information.
Robert Szustkowski