유럽사법재판소 판결을 통해 본 개인정보 보호와 표현의 자유

This paper aims to show how the Court of Justice of the European Union (CJEU) has interpreted the Directive 95/46/EC and made decision concerning the right to privacy and freedom of expression. The development of information technology poses a menace to personal data protection and privacy. The European Union introduced Directive 95/46/EC to protect internet privacy, and at the same time, to reconcile the right to privacy with other fundamental rights, especially freedom of expression. With regard to the processing of personal data, the Directive allows some exceptions to reconcile the two fundamental rights; when the processing is done in the course of purely personal or household activity, or solely for the journalistic purposes or for the purpose of artistic and literary expression. The CJEU has tried to balance between the right to privacy and freedom of expression. However, the cases dealt in this paper imply that the CJEU put more emphasis on the protection of privacy right. In the case of Lindqvist, the Court determined that individuals could be subject to the Directive. The Court widen the scope of the processing of data, while it stated the scope of journalism must be interpreted broadly in the case of Satamedia. In the case of Goolge Spain, the Court admitted the right to be forgotten and imposed a duty on Google to remove two links. In the recent Buivids-case, the CJEU suggested the processing of data should contribute to public debate in order to be recognized as journalistic activities.