340 Recht
Refine
Language
- English (2)
Has Fulltext
- yes (2)
Is part of the Bibliography
- yes (2)
Keywords
- Datenschutz (2) (remove)
Publicationstate
Reviewstate
- Peer-Review (1)
The Data Governance Act was proposed in late 2020 as part of the European Strategy for Data, and adopted on 30 May 2022 (as Regulation 2022/868). It will enter into application on 24 September 2023. The Data governance Act is a major development in the legal framework affecting CLARIN and the whole language community. With its new rules on the re-use of data held by the public sector bodies and on the provision of data sharing services, and especially its encouragement of data altruism, the Data Governance Act creates new opportunities and new challenges for CLARIN ERIC. This paper analyses the provisions of the Data Governance Act, and aims at initiating the debate on how they will impact CLARIN and the whole language community.
Privacy in its many aspects is protected by various legal texts (e.g. the Basic Law, Civil Code, Criminal Code, or even the Law on Copyright in artistic and photographic works (KunstUrhG), which protects image rights). Data protection law, which governs the processing of information about individuals (personal data), also serves to protect their privacy. However, some information referring to the public sphere of an individual’s life (e.g. the fact that X is a mayor of Smallville) may still be considered personal data (see below), and as such fall within the scope of data protection rules. In this sense, data protection laws concern information that is not private.
Therefore, privacy and data protection, although closely related, are distinct notions: one can violate someone else’s privacy without processing his or her personal data (e.g. simply by knocking at one’s door at night, uninvited), and vice versa: one can violate data protection rules without violating privacy.
The following handouts focus exclusively on data protection rules, and specifically on the General Data Protection Regulation (GDPR). However, please keep in mind that compliance with the GDPR is not the only aspect of protecting privacy of individuals in research projects. Other rules, such as academic ethics and community standards (such as CARE) also need to be observed.