Researching with Data Rights

Amsterdam Law School Research Paper No. 2020-30

Institute for Information Law Research Paper No. 2020-03

Ausloos, J., & Veale, M. (2021). Researching with Data Rights. Technology and Regulation, 136-157. https://techreg.org/index.php/techreg/article/view/61

22 Pages Posted: 17 Oct 2019 Last revised: 5 Jan 2021

See all articles by Jef Ausloos

Jef Ausloos

University of Amsterdam - Institute for Information Law (IViR)

Michael Veale

University College London, Faculty of Laws

Date Written: December 31, 2020

Abstract

The concentration and privatization of data infrastructures has a deep impact
on independent research. This article positions data rights as a useful tool in researchers’ toolbox to obtain access to enclosed datasets. It does so by providing an overview of relevant data rights in the EU’s General Data Protection Regulation, and describing different use cases in which they might be particularly valuable. While we believe in their potential, researching with data rights is still very much in its infancy. A number of legal, ethical and methodological issues are identified and explored. Overall, this article aims both to explain the potential utility of data rights to researchers, as well as to provide appropriate initial conceptual scaffolding for important discussions around the approach to occur.

Note: [Note to readers: this is very much a work-in-progress draft and I welcome any feedback readers might have. The current version has been discussed at the Privacy Law Scholars Conference in Berkeley 30-31 June 2019.]

Keywords: Data Rights, Access, Transparency, GDPR, Research Method, Methodology

Suggested Citation

Ausloos, Jef and Veale, Michael, Researching with Data Rights (December 31, 2020). Amsterdam Law School Research Paper No. 2020-30, Institute for Information Law Research Paper No. 2020-03, Ausloos, J., & Veale, M. (2021). Researching with Data Rights. Technology and Regulation, 136-157. https://techreg.org/index.php/techreg/article/view/61, Available at SSRN: https://ssrn.com/abstract=3465680 or http://dx.doi.org/10.2139/ssrn.3465680

Jef Ausloos (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Roeterseilandcampus, Building A, 5th floor
Nieuwe Achtergracht 166
Amsterdam, Noord-Holland 1018 WV
Netherlands

HOME PAGE: http://ivir.nl

Michael Veale

University College London, Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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