Fulfilling data access obligations: How could (and should) platforms facilitate data donation studies?

Research into digital platforms has become increasingly difficult. One way to overcome these difficulties is to build on data access rights in EU data protection law, which requires platforms to offer users a copy of their data. In data donation studies, researchers ask study participants to exercise this right and donate their data to science. However, there is increasing evidence that platforms do not comply with designated laws. We first discuss the obligations of data access from a legal perspective (with accessible, transparent, and complete data as key requirements). Next, we compile experiences from social scientists engaging in data donation projects as well as a study on data request/access. We identify 14 key challenges, most of which are a consequence of non-compliance by platforms. They include platforms’ insufficient adherence to (a) providing data in a concise and easily accessible form (e.g. the lack of information on when and how subjects can access their data); (b) being transparent about the content of their data (e.g. the lack of information on measures); and (c) providing complete data (e.g. the lack of all available information platforms process related to platform users). Finally, we formulate four central recommendations for improving the right to access.