Government-to-Business (G2B) research data sharing and the GDPR: Reconciling the public with the private?

Aidinlis, Stergios

Abstract

Governments across the EU are increasingly turning their attention to advanced big data analytics, aiming to use their data to inform the design and implementation of public policies. Due to limitations in expertise and resources, this is often impossible without the formation of data sharing partnerships with private actors. Yet, the prevailing view in EU data protection regulatory guidance is that the ‘public interest’ and private interests as lawful grounds for data processing under article 6 GDPR find themselves in a zero-sum relationship. The ‘public interest’ under article 6(1)(e) GDPR is construed as the exclusive realm of public authorities, which are often advised against relying on other grounds for processing, associated with private interests, such as ‘legitimate interests’ under article 6(1)(f) GDPR. This chapter argues against the presently dominant divide between public and private interests under lawful grounds for processing, sketching the emergence of Government-to-Business (G2B) research data sharing in the EU. A conceptualisation of the ‘public’ interest as not incompatible with private interests, as long as a contribution to societal well-being is made through data processing, is offered in that regard. The chapter elaborates on this conceptualisation and the requirements for ensuring protection of the fundamental rights of data subjects, while reflecting on the research questions that should concern future EU data protection law researchers with regard to its adoption.

Citation

Aidinlis, S. (2022). Government-to-Business (G2B) research data sharing and the GDPR: Reconciling the public with the private?. In Research Handbook on EU Data Protection Law (115–142). Edward Elgar Publishing. https://doi.org/10.4337/9781800371682.00014

• Publication Date: Apr 22, 2022
• Deposit Date: Nov 4, 2024
• Publisher: Edward Elgar Publishing
• Peer Reviewed: Peer Reviewed
• Pages: 115–142
• Series Title: Research Handbook on EU Data Protection Law
• Book Title: Research Handbook on EU Data Protection Law
• ISBN: 9781800371682; 9781800371675
• DOI: https://doi.org/10.4337/9781800371682.00014
• Public URL: https://durham-repository.worktribe.com/output/3081354