Data protection, scientific research, and the role of information

Rossana Ducato* (Corresponding Author)

*Corresponding author for this work

Research output: Contribution to journalArticle

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Abstract

This paper aims to critically assess the information duties set out in the General Data Protection Regulation (GDPR) and national adaptations when the purpose of processing is scientific research. Due to the peculiarities of the legal regime applicable to the research context information about the processing plays a crucial role for data subjects. However, the analysis points out that the information obligations, or mandated disclosures, introduced in the GDPR are not entirely satisfying and present some flaws.

In addition, the GDPR information duties risk suffering from the same shortcomings usually addressed in the literature about mandated disclosures. The paper argues that the principle of transparency, developed as a "user-centric" concept, can support the adoption of solutions that embed behavioural insights to support the rationale of the information provision better. (C) 2020 The Authors. Published by Elsevier Ltd.

Original languageEnglish
Article number105412
Number of pages16
JournalComputer Law and Security Report
Volume37
Early online date25 Jul 2020
DOIs
Publication statusPublished - Jul 2020

Keywords

  • Data protection
  • Scientific research purposes
  • Statistical purposes
  • Information duties
  • Transparency
  • GDPR
  • Law and behavioural science
  • Legal design
  • BEHAVIOR
  • OVEROPTIMISM
  • GENETIC DATA
  • DISCLOSURE
  • PRIVACY PARADOX

ASJC Scopus subject areas

  • Law
  • Business, Management and Accounting(all)
  • Computer Networks and Communications

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