
Contents
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1. ‘Knowledge Facilitation’ Provisions in First-Generation Legal Instruments 1. ‘Knowledge Facilitation’ Provisions in First-Generation Legal Instruments
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1.1 Pan-European/Transnational Legal Instruments 1.1 Pan-European/Transnational Legal Instruments
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1.2 National Legal Instruments 1.2 National Legal Instruments
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2. ‘Knowledge Facilitation’ Provisions in Second-Generation Legal Instruments 2. ‘Knowledge Facilitation’ Provisions in Second-Generation Legal Instruments
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2.1 The Data Protection Directive 95/46 2.1 The Data Protection Directive 95/46
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2.2 National Legal Instruments 2.2 National Legal Instruments
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3. DPA Guidance on Academic Research and Publication 3. DPA Guidance on Academic Research and Publication
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3.1 First-Generation DPA Guidance 3.1 First-Generation DPA Guidance
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3.2 Second-Generation Pan-European DPA Guidance 3.2 Second-Generation Pan-European DPA Guidance
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3.3 Second-Generation State DPA Guidance 3.3 Second-Generation State DPA Guidance
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4. Second-Generation Regulatory Standard-Setting as Revealed in the DPA Questionnaire 4. Second-Generation Regulatory Standard-Setting as Revealed in the DPA Questionnaire
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4.1 Question Posed 4.1 Question Posed
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4.2 Results 4.2 Results
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4.3 Discussion 4.3 Discussion
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5. DPA Enforcement in Relation to Academic Research and Publication 5. DPA Enforcement in Relation to Academic Research and Publication
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5.1 First-Generation DPA Enforcement 5.1 First-Generation DPA Enforcement
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5.2 Second-Generation DPA Enforcement 5.2 Second-Generation DPA Enforcement
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6. Conclusions 6. Conclusions
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11 European Data Protection Regulation and Academic Publishers: First- and Second-Generation Developments
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Published:December 2019
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Abstract
This chapter explores the interface between European data protection and academic social science and humanities publishers until the end of the Data Protection Directive (DPD) era. It begins by summarizing the ‘knowledge facilitation’ provisions which target activities such as scientific research and have been set out in formal data protection instruments at both pan-European and State level over many decades. It is found that, in contrast to most freedom of expression derogations, these restrictive provisions only established very limited exemptions from default data protection norms. The chapter then looks at Data Protection Authorities (DPA) guidance and finds that, subject to a few exceptions, this has indicated that academic expression should comply with the ‘knowledge facilitation’ restrictions. However, much of this guidance has remained very generic or has focused on discrete issues such as the use of confidential datasets provided on safeguarded terms. The chapter reports results from a DPA questionnaire on the regulation of publicly interested covert social science research, finding that many regulators construed the law here very differently to undercover journalism; half even saw this activity as being ipso facto illegal. Turning to enforcement, the chapter details the fairly extensive efforts of many regulators in this area prior to the Data Protection Directive (DPD). Under the DPD, the DPA questionnaire responses suggested that approximately 40 per cent of regulators had taken action against social scientists. However, published examples of action remained limited and, furthermore, these efforts were largely and increasingly focused on specific issues related especially to confidential datasets.
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