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

Aidinlis, Stergios

Abstract

The use of advanced big data analytics to inform the design and implementation of government policies is often impossible without the formation of data sharing partnerships with private actors. Yet, the 'public interest' under article 6(1)(e) GDPR is often construed in regulatory guidance as the exclusive realm of public authorities, which are 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, provided that a contribution to societal well-being is made through data processing, is offered in that regard, elaborating on requirements for its adoption to safeguard fundamental rights and future challenges for EU data protection law researchers.

• Acceptance Date: Apr 22, 2022
• Publication Date: Apr 22, 2022
• Deposit Date: Jun 2, 2023
• ISBN: 9781800371682; 9781800371675
• DOI: https://doi.org/10.4337/9781800371682.00014