Can the GDPR Make Data Flow for Research Easier? Yes it Can, By Differentiating!

Computer Law & Security Review, Forthcoming

10 Pages Posted: 29 Mar 2021

See all articles by Giovanni Comandé

Giovanni Comandé

LIDER-Lab, Scuola Superiore Sant'Anna

Giulia Schneider

Sant'Anna School of Advanced Studies

Date Written: March 2, 2021

Abstract

Against the common perception of data protection as a road-block, we demonstrate that the GDPR can work as a research enabler. This study’s assumption is that the data protection framework for research is grounded in the two European data protection’s regulatory pillars, the first one related to the protection of data subjects’ fundamental rights and the second one regarding the promotion of the free flow of personal data. It demonstrates the existence of an architecture of layered data protection regimes for research, in which data subjects’ rights and controllers’ safeguards are either tightened or relaxed on the basis of the public or commercial interest underlying the processing. It further shows how each of the identified data protection regimes shape different “enabling regulatory spots” for the processing of sensitive personal data for research purposes.

Keywords: GDPR, personal data flow, research exceptions

Suggested Citation

Comandé, Giovanni and Schneider, Giulia, Can the GDPR Make Data Flow for Research Easier? Yes it Can, By Differentiating! (March 2, 2021). Computer Law & Security Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3795999

Giovanni Comandé (Contact Author)

LIDER-Lab, Scuola Superiore Sant'Anna ( email )

Piazza dei Martiri della Liberta 33
56127 Pisa, 56100
Italy

HOME PAGE: http://www.lider-lab.eu

Giulia Schneider

Sant'Anna School of Advanced Studies ( email )

Biblioteca Scuola Superiore Sant'Anna
Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy

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