I don’t know about any other areas of law eg commercial, but in terms of data protection I’m afraid they can. From the ICO website on GDPR and DPA2018 exemptions: it applies to the UK but is likely to be broadly similar across Europe
Journalism, academia, art and literature
This exemption can apply if you process personal data for:
- journalistic purposes;
- academic purposes;
- artistic purposes; or
- literary purposes.
Together, these are known as the ‘special purposes’.
The exemption relieves you from your obligations regarding the GDPR’s provisions on:
- all the principles, except the security and accountability principles;
- the lawful bases;
- the conditions for consent;
- children’s consent;
- the conditions for processing special categories of personal data and data about criminal convictions and offences;
- processing not requiring identification;
- the right to be informed;
- all the other individual rights, except rights related to automated individual decision-making including profiling;
- the communication of personal data breaches to individuals;
- consultation with the ICO for high risk processing;
- international transfers of personal data; and
- cooperation and consistency between supervisory authorities.
But the exemption only applies to the extent that:
- as controller for the processing of personal data, you reasonably believe that compliance with these provisions would be incompatible with the special purposes (this must be more than just an inconvenience);
- the processing is being carried out with a view to the publication of some journalistic, academic, artistic or literary material; and
- you reasonably believe that the publication of the material would be in the public interest, taking into account the special importance of the general public interest in freedom of expression, any specific public interest in the particular subject, and the potential to harm individuals.
We expect you to be able to explain why the exemption is required in each case, and how and by whom this was considered at the time. The ICO does not have to agree with your view – but we must be satisfied that you had a reasonable belief.