Die Kunst ist frei – auch von Datenschutz

Can Art. 85 of the General Data Protection Regulation resolve the tension between artistic freedom and data protection? The author examines this hitherto little-discussed question from the perspective of fundamental rights and EU law. When weighing up data protection law and artistic freedom, it becomes clear that the two fundamental rights cannot be easily reconciled. Added to this is the fact that there is a lack of suitable balancing criteria. In addition, the regulatory competence of the European Union for data protection in the field of art is called into question and central problems in the application of data pro-tection law in the field of art are revealed. As a result, Braun argues in favor of decoupling artistic pur-poses from data protection law.