Data protection and codes of conduct in collaborative research. Issue 1 (2nd January 2018)

• Record Type: Journal Article
• Authors: Koščík, Michal; Myška, Matěj
• Is Part Of: International review of law, computers & technology. Volume 32:Issue 1(2018)
• Page Start: 141
• Page End: 154
• Publication Date: 2018-01-02
• Subjects: GDPR -- code of conduct -- self-regulation; Computers -- Law and legislation -- Periodicals; Technology and law -- Periodicals; Information storage and retrieval systems -- Law -- Periodicals; Law -- Computer network resources -- Periodicals; 343.0999
• DOI: 10.1080/13600869.2018.1423888
• Languages: English
• ISSNs: 1360-0869

Abstract

ABSTRACT: The article aims to describe the current status quo of codes of conduct applied by research institutions to manage data protection issues in light of the General Data Protection Regulation (GDPR). We assessed whether the current codes of conduct meet the criteria of codes of conduct as defined by Article 40 of the GDPR. We have found that there are very few 'codes of conduct' or good practices that would meet the definition set out in Article 40 of the GDPR. We have found that universities and research institutions had neither the incentives nor the resources to create internationally binding codes of conduct and settled for declarative documents or internal guidelines. A good level of compliance with the Data Protection Directive and national laws was adopted even without codes of conduct which would apply beyond a single institution or grant agency. We have identified that the demand and need for binding codes of conduct are increasing, albeit only in specific research fields. The main incentive is international cooperation, the need for the standardization of data protocols, and most likely fear of high sanctions introduced by GDPR.