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 language | English |
|---|---|
| Article number | 105412 |
| Number of pages | 16 |
| Journal | Computer Law and Security Review |
| Volume | 37 |
| Early online date | 25 Jul 2020 |
| DOIs | |
| Publication status | Published - Jul 2020 |
Bibliographical note
Rossana Ducato is supported by the Innoviris research grant 2016-BB2B-9.The Author wishes to thank Fabrizio Esposito for the useful comments on an earlier version of this paper. The usual disclaimer about the maternity of the mistakes applies.
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
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Rossana Ducato
- School of Law, Law - Senior Lecturer
- School of Law, Centre for Commercial Law
Person: Academic