文章基本信息

标题：Differential Data Protection Regimes in Data-Driven Research: Why the GDPR is More Research-Friendly Than You Think
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作者：Giovanni Comandè ; Giulia Schneider
期刊名称：German Law Journal
电子版ISSN：2071-8322
出版年度：2022
卷号：23
期号：4
页码：559-596
DOI：10.1017/glj.2022.30
语种：English
出版社：Cambridge University Press
摘要：Against the backdrop of an evolving landscape describing data driven research, this article discusses the role of data protection laws in shaping a free flow of research data. In particular, the analysis inquires whether European data protection law hampers or encourages data-driven research. The analysis critically challenges the shared belief that the more severe data protection regime laid down by the European legislator adversely affects data flows and with that data-driven research. This is contrary to what occurs in the United States, where the more fragmented and less developed data protection framework facilitates data flows and related innovation patterns. We show how research objectives through data re-usability have been very recently given primary importance in the GDPR, where they find a formidable ally enabling the re-usability of public data by businesses and of private data by public institutions, for either public interest-related research purposes or commercially oriented innovation purposes. We argue that the GDPR differently promotes research-valuable data flows in consistency with an emerging principle of free movement of personal data. In order to ground this statement, our analysis links to this principle three-directional research regimes emerging from the GDPR.
关键词：GDPR;Data Privacy;European Data Protection Law;Data Sharing;Consent of Data Sharing