Dear Terry,
Any questions concerning the European Union General Data Protection Regulation (GDPR) requires expert advice. For general information, there is a good portal:
https://www.eugdpr.org
This is a public service portal. The official EU web site is:
https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules_en
Just as I suggested that Hernan Casakin consult with experts on survey techniques and methods, I’d suggest that anyone who wants to get a legally valid interpretation of GDPR check with real experts. Universities and research organizations employ legal experts and research administration experts to answer the questions you raise. Due diligence requires expert opinion — due diligence also serves to demonstrate good faith in following the law. If people make good faith efforts to get careful advice, there is little risk of the penalties you describe.
There are so many questions here that due diligence requires expert advice. People need their own training, adapted to their own specific needs. This may only be a short advisory session, or it may involve a real training course. That’s why people require advice from legal experts in their own organization. Second-hand support from someone who recently finished a course is not enough. That’s why universities maintain lawyers and research compliance officers.
With respect to such issues as using data from an earlier survey, there are many questions. That is what I used the word “may.” Lacking full knowledge, I don’t know the answer, and neither do you.
Making use of earlier material for a revised version of the same project may be acceptable or it may constitute a different project. This involves a range of questions that require careful investigation and detailed knowledge of all issues.
I didn't plan a big debate on what seemed to me a fairly straightforward suggestion. It never occurred to me that anyone would criticize my post on this point.
I suggested that the authors of the survey get expert advice. This includes advice on whether and how to sequester and re-use any data. In Europe, that also means getting advice on applicable law. Legal advice requires expertise. There is no point in getting legal advice from someone who is not a lawyer, and there is no point in seeking advice on applying GDPR from someone who is not an experienced specialist in the relevant administrative procedures.
Both Ariel University and Aalto University have the necessary experts on staff. Anyone working at a university or research organization will have access to comparable experts. While I understand that your offer of support is well intended, advice from someone who has taken a training course will not count as due diligence. Due diligence requires expert advice in properly memorialized form. This demonstrates the intention to follow applicable law. It also demonstrates that the person relied on advice from an appropriate expert who has responsibility for these issues in the organization employing the researcher who seeks advice.
There is no substitute for specific expert advice on legal matters.
Yours,
Ken
Ken Friedman, Ph.D., D.Sc. (hc), FDRS | Editor-in-Chief | 设计 She Ji. The Journal of Design, Economics, and Innovation | Published by Tongji University in Cooperation with Elsevier | URL: http://www.journals.elsevier.com/she-ji-the-journal-of-design-economics-and-innovation/
Chair Professor of Design Innovation Studies | College of Design and Innovation | Tongji University | Shanghai, China ||| Email [log in to unmask] | Academia http://swinburne.academia.edu/KenFriedman | D&I http://tjdi.tongji.edu.cn
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