Differential Data Protection Regimes in Data-Driven Research: Why the GDPR Is More Research-Friendly Than You Think

German law Journal 2021

30 Pages Posted: 25 Aug 2021

See all articles by Giulia Schneider

Giulia Schneider

Sant'Anna School of Advanced Studies

Giovanni Comandé

LIDER-Lab, Scuola Superiore Sant'Anna

Date Written: July 14, 2021

Abstract

Against the backdrop of an evolving landscape describing data driven research, the study discusses the role of data protection laws in shaping a free flow of research data. In particular, it enquires whether European data protection law hampers or rather encourages data-driven research, and how.

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, contrary to what occurs in the US where the more fragmented and less developed data protection framework may facilitate data flows and related innovation patterns. 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. Our analysis links to this principle three-directional research regimes emerging from the GDPR.

Keywords: research; personal data; GDPR; public interest; differential regimes

JEL Classification: K10

Suggested Citation

Schneider, Giulia and Comandé, Giovanni, Differential Data Protection Regimes in Data-Driven Research: Why the GDPR Is More Research-Friendly Than You Think (July 14, 2021). German law Journal 2021, Available at SSRN: https://ssrn.com/abstract=3897258

Giulia Schneider (Contact Author)

Sant'Anna School of Advanced Studies ( email )

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

Giovanni Comandé

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

Piazza dei Martiri della Liberta 33
56127 Pisa, 56100
Italy

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

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