Solidarity at the intersection of data sharing and data protection: A normative analysis

This article examines the role of solidarity in shaping evolving EU data-sharing policies, with a focus on the Data Governance Act. It seeks to demonstrate how solidarity can articulate the boundaries of the concept of ‘general interest’, guide proportionality assessments in data-sharing decisions and inform harm mitigation strategies. The analysis reveals that solidarity not only broadens the understanding of general interest by emphasizing its collective benefits but also provides safeguards for societal vulnerabilities. In cases of tension, solidarity ensures that general interests are pursued while prioritizing the need to prevent and mitigate harm. Concluding, the article argues that solidarity offers a vital framework for reconciling the competing demands of data sharing and data protection by promising a balanced approach to the EU's evolving data governance landscape.

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Publication Details

Journal
Maastricht Journal of European and Comparative Law
Published
2024-12-01
DOI
https://doi.org/10.1177/1023263x251314444
Primary Topic
Privacy-Preserving Technologies in Data
Type
article
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article

Solidarity at the intersection of data sharing and data protection: A normative analysis

Esin Küçük, Elif Mendos Kuşkonmaz
Maastricht Journal of European and Comparative Law
Privacy-Preserving Technologies in Data
article

Solidarity at the intersection of data sharing and data protection: A normative analysis

Esin Küçük, Elif Mendos Kuşkonmaz
article en

Abstract

This article examines the role of solidarity in shaping evolving EU data-sharing policies, with a focus on the Data Governance Act. It seeks to demonstrate how solidarity can articulate the boundaries of the concept of ‘general interest’, guide proportionality assessments in data-sharing decisions and inform harm mitigation strategies. The analysis reveals that solidarity not only broadens the understanding of general interest by emphasizing its collective benefits but also provides safeguards for societal vulnerabilities. In cases of tension, solidarity ensures that general interests are pursued while prioritizing the need to prevent and mitigate harm. Concluding, the article argues that solidarity offers a vital framework for reconciling the competing demands of data sharing and data protection by promising a balanced approach to the EU's evolving data governance landscape.

Maastricht Journal of European and Comparative LawVol. 31(6)
University of Essex (GB)
Openalex Percentile: Top 75%
Privacy-Preserving Technologies in Data
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