Open Data Exposed by Bastiaan van Loenen & Glenn Vancauwenberghe & Joep Crompvoets

Author:Bastiaan van Loenen & Glenn Vancauwenberghe & Joep Crompvoets
Language: eng
Format: epub
ISBN: 9789462652613
Publisher: T.M.C. Asser Press

7.3.2 The Clash Between Open Data and Data Protection

Information falling under the scope of EU data protection law—i.e. any information relating to an identified or identifiable natural person,95 whether of “private” nature or not, and not excluded due to jurisdictional boundaries or by specific exceptions—can hardly be released as open data. Several core principles of data protection legislation96 are inherently at odds with the underlying rationale of open data,97 and with the mechanics inherent to an open data ecosystem, regardless of whether the data refers to something intimate or not.

Descriptively, we can identify three main stages98 in which the GDPR would apply:1.when the data is initially gathered by the initial data controller, e.g. a local government agency;

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