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Abusing GDPR to Erode Democracy in Croatia: Turning EU Regulations into Illiberal Policy

Democratisation
European Union
Media
Antonio Karlovic
University of Zagreb
Antonio Karlovic
University of Zagreb

Abstract

GDPR is an EU regulation aimed at increasing the level of data and privacy protection. However, since its implementation, a negative side-effect of the regulation has become apparent: it has been used as an excuse for public bodies to deny the disclosure of information that could be evidence of corruption in Croatia. But why is GDPR being used in this way? 12 interviews with investigative journalists and public officials were conducted. Those provided insights into the process suggesting that GDPR is purposefully used to erode media freedom. Simultaneously, the world is going through a third wave of autocratization manifesting itself through gradual setbacks under democratic façades. The paper argues that the by enforcing GDPR trough weakened and captured institutions, the regulation was turned into an illiberal policy eroding the liberal element of democracy and strengthening the position of the ruling elites. This novel method for subtle autocratization is a warning sign for the EU demonstrating how well-intended regulations can be used by member states’ political elites for deteriorating democratic standards.