Abstract

This paper examines how data protection can help to fight the root causes of “fake news”, while supporting the exercise of other fundamental rights such as the right to free expression, non-discrimination, effective remedy and the right to vote. The General Data Protection Regulation (GDPR) and the draft e-Privacy Regulation are explored as legal instruments that could be applied against fake news, including during times of election. While privacy is by no means a magical solution to all problems in internet, this paper claims that proper enforcement of the EU data protection legislation provides a powerful instrument to address the root causes of fake news and reduce the extent to which personal data has been so far misused in the digital space, including for manipulation by spreading false information to improperly influence people’s decisions or opinions.

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