Dear Susan
Thank you for your interesting post on the Regulation.
As regards your second question, most investigations which lead to
public knowledge could be construed as historical and/or scientific
research - even the work of media organizations which regularly hire
"researchers" to prepare output such as documentary series.
However, similarly to the media and the independent writers, work in
anthropology and law in clearly an exercise of free expression which
falls within Article 80 of the Regulation. This is made explicit in the
Council version of the text which now protects "academic expression"
equally alongside journalistic, literary and artistic expression. As a
huge pan-European coalition of non-commercial research (coordinated by
by the Wellcome Trust and including the Economic and Social Research
Council) has stated: "This amendment creates scope for arts and
humanities research to be conducted under this exemption. This is
important because some arts and humanities research, such as law and
history, is not compatible with the research model set out Article 83
and would not be permitted otherwise" (see
[log in to unmask]" target="_blank">http:[log in to unmask]
p. 16).
You may want also to look at an article which I wrote on some of these
issues back in 2013 (published in Public Law), the working paper of
which is here:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1928177. Although
this article only really analyses the existing Directive, the conceptual
points it makes are valid for the Regulation as well (even more so given
that freedom of expression has been broadened in the Council and
Parliament versions).
All best wishes,
David
--
Dr. David Erdos
University Lecturer in Law and the Open Society
Fellow in Law, Trinity Hall
University of Cambridge
On 2015-09-02 15:59, GRAHAM Susan wrote:
> I'm currently looking at the three drafts of the EU Data Protection
> Regulation to get a feel for potential implications for HE. The
> Council and the Parliament prescribe different levels of fines for
> enterprises/undertakings. Are there any views as to whether
> universities are enterprises/undertakings? Competition law defines an
> enterprise as " the concept of an undertaking encompasses every entity
> engaged in an economic activity, regardless of the legal status of the
> entity and the way in which it is financed" but is this transferable
> to this Regulation? Is it possible for a data controller to be
> sometimes an enterprise and sometimes not?
>
> Also, does anyone have thoughts as to whether "scientific research"
> would cover research in areas such as law and anthropology?
>
> Best wishes
>
> Susan
>
> Susan Graham
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