[Bigbang-dev] Data sharing allowance

[Niels ten Oever]

Yeah, I was kinda of afraid for this. I would definitely support spending some money on the legal advice.

Weird thing is that data protection officers at university deal with this all very differently, I guess GDPR is also still a developing practice. So would be good to get a specialist to look at it. 

One part of this that the person did not reply to, it that these mailinglists imho should be understood as public policy making. And policy makers have less expectations of privacy. I think that argument can also be made because the openness of the mailinglists is also explicitly used as legitimacy strategy for the standard-setting institutions.

Best,

Niels


On 9/30/21 11:01 PM, Christoph Becker wrote:
> Hi all,
> you might have noticed that here has been discussion on how we should share the datasets we have collected of public mailing archives. Our data format is quite different from how they are presented on GNU mailman or Listserv, which creates certain points of concern we should not neglect.
> I have been in contact with some people through the Prototype fund and have obtained the following advise:
> 
> """
> Since you are dealing with "fully or partially automated processing of personal data" (Art. 2 Para. 1 GDPR), you fall under the provisions of the GDPR. Where you got the data from should be irrelevant for this point. Since you have collected the data without the consent of the persons, Art. 14 GDPR (information obligation if the personal data was not collected from the person concerned) could also be of interest. There are exceptions for scientific purposes (Art. 89 GDPR), but here too you have to pay close attention. Note that hashing mail addresses does not necessarily make the data "less dangerous". It would be better to pseudonymized the whole thing.
> My tip would be not to pass on any data, to refer to the scientific aspect of the processing and to spend € 200-300 on legal advice.
> """
> 
> Through the Prototype fund we have the financial means to pay for legal advise.
> Please share your thoughts, comments, ideas.
> 
> Best Wishes,
> Christoph
> 
> 
> -- 
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> //
> /Christoph Becker /(/he/him/his/)///
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-- 
Niels ten Oever, PhD
Postdoctoral Researcher - Media Studies Department - University of Amsterdam
Affiliated Faculty - Digital Democracy Institute - Simon Fraser University
Research Fellow - Centre for Internet and Human Rights - European University Viadrina
Associated Scholar - Centro de Tecnologia e Sociedade - Fundação Getúlio Vargas

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Read my latest article on Internet infrastructure governance in Globalizations here: https://www.tandfonline.com/doi/full/10.1080/14747731.2021.1953221