Title: The right to access information under the GDPR

Authors: Maria Bottis; Fereniki Panagopoulou-Koutnatzi; Anastasia Michailaki; Maria Nikita

Addresses: Ionian University, DALMS, Ioannou Theotoki 72, Corfu, Greece ' Panteion University, Leof. A. Siggrou 136, Athens, Greece ' Ionian University, DALMS, Ioannou Theotoki 72, Corfu, Greece ' University of Macedonia, Egnatias 156, Thessalonliki, Greece

Abstract: The present paper offers a critique of the General Data Protection Regulation in the realm of access to information. Even though the GDPR supports the constitutionally obvious position that the right to data protection does not outweigh other equally important rights, the enhanced protection of the right to the protection of personal data leads to the potential neglect of other constitutional rights, such as that of access to information. Data protection and access to information authorities should be established both on an EU, as well as at national level as a single authority. Scientific research must be facilitated through access to a multitude of information. The present article explores the question of data ownership and aims to propose a new system that will enhance access to information. A key tool of our research will be the comparative overview of existing legislative systems and a review of the different approaches in the case-law of independent authorities.

Keywords: access; information; General Data Protection Regulation; GDPR; data ownership; freedom of information.

DOI: 10.1504/IJTPL.2019.104950

International Journal of Technology Policy and Law, 2019 Vol.3 No.2, pp.131 - 142

Received: 25 May 2019
Accepted: 31 Jul 2019

Published online: 04 Feb 2020 *

Full-text access for editors Access for subscribers Purchase this article Comment on this article