Special Issue Legal and Ethical Challenges of Data Processing in the research field, edited volume on Data Protection & Research in Computer Law & Security Review Volume 37, July 2020

Gianclaudio Malgieri (Redacteur), Paul De Hert (Redacteur)

Onderzoeksoutput: Editorial

Samenvatting

Special issue with contributions of Gianclaudio Malgieri; Arianna Rossi, Gabriele Lenzini; Dara Hallinan; Denise Amram; Ben Wagner; Rossana Ducato and Charles D. Raab
Personal Data Processing in the research field is extremely relevant and problematic under both the legal and the ethical perspective. Large amounts of personal data are processed during research projects and several researches (mostly ICT researchers) produce algorithms that could be employed in fields with significant effects on data subjects.
GDPR provides specific rules and safeguards about personal data processing for research purposes, but there is still room for interpretation and uncertainty, in particular considering national GDPR implementations.
This special issue will address the most significant issues in this field:
1.transparency requirements, i.e. how to adequately inform data subjects and how to preserve their decisional freedom, also taking into account secondary data subjects (e.g. relatives in case of genetic data processing) whose data could be processed;
2.legal bases for processing personal data (and in particular sensitive data) for research purposes and necessary safeguards to adopt, in particular how consent should be required in this field and whether and how other legal bases should be preferred (public interest for personal data processing; research purposes for the processing of special categories of data);
3.limits and safeguards for automated decision-making algorithms used/produced during research projects, in particular by-design solutions (legibility of algorithms according to the duty to give meaningful information about logics, significance and consequences).
4.Data Protection Impact Assessment in the research field, taking also into account ethical standards (Ethical Impact Assessment).
5.code of conducts of researchers processing personal data, taking into account existing national implementations (e.g. Italian and Irish).
6. protection of individual vulnerabilities during research, in particular considering disadvantaged group and potential situations of unfair imbalances between researchers and data subjects.
Originele taal-2English
TijdschriftComputer Law & Security Review
Volume37
StatusPublished - 2020

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