Data Access Rules – Homepage – Centre Responsible Digitality

Duration: November 2022 until April 2024

The relevance of access to data has increased enormously in society and politics, science and business; in some cases, some even argue that there is an all-encompassing datafication of society. However, the regulation of access to data largely continues to follow principles that date from the time when data protection law was created. In view of the changed complexity of data production, data networking and data access, traditional data protection is no longer sufficient and in some cases even dysfunctional. Existing regulations do not appear to respond effectively to new threats to users’ rights, and tend to overwhelm them. At the same time, insufficient consideration has been given to the influence of data access rules on existing practical contexts, such as in the field of research. Furthermore, they threaten to hinder relevant innovations without it being clear that they provide the necessary effective protection.

In this context, the project group thoroughly analysed the role of data access rules and the possibility of alternative forms of regulation. From the outset, the focus was not only on concrete mechanisms, but also on a deeper analysis of basic assumptions that are often not questioned. Therefore, a sociological description of the role of data was undertaken, as well as a philosophical analysis of basic concepts of protection and a review of legal perspectives. The use of data was discussed thematically, particularly in the reference fields of research, medicine and technology. The project group has demonstrated the necessity of developing alternative regulatory perspectives and has pointed out ways in this direction.

The project group’s work has resulted in interdisciplinary contributions to the debate, including a joint book publication by the group (Augsberg/Düwell/Müller 2024), as well as further specialist publications and numerous events.

Principal Investigators

Prof. Dr. Steffen Augsberg, Justus-Liebig-Universität Gießen | spokesperson | more information
Dr. Marcus Düwell, Technische Universität Darmstadt | more information

Prof. Dr. Petra Gehring, Technische Universität Darmstadt | more information
Prof. Dr. Malte-C. Gruber, Justus-Liebig-Universität Gießen | more information
Prof. Dr. Gerrit Hornung, LL.M., Universität Kassel | more information
Prof. Dr. Doris Schweitzer, Goethe-Universität Frankfurt am Main | more information

Data Access Rules
Between Release and Control

Anthology | 9 October 2024

The continuous expansion of new information and communication technologies is increasing society’s ‘hunger for data’ – suffice to think of training data for AI applications.

The question of who authorises access to data and which rules need to be followed in this respect is therefore of essential social importance.

Are data a legally protected good at all, and if so, whose?

What are the consequences of this for access regulations?

Traditionally, data access rules are mostly based on individual control competences, and only in some areas on overriding interests. In view of the threat of excessive demands and the resulting shortage of data, the contributions in this volume examine from various perspectives whether such a strongly subject-based regulatory model is theoretically convincing and what practical alternative solutions are conceivable.

Campus-Verlag

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Video of the lecture series on cybersecurity by the Hessian Ministry of the Interior

21 November 2024 | 11:30

As part of the lecture series on cybersecurity, a series of events organised by the Hessian Ministry of the Interior, for Security and Homeland Security, Petra Gehring (TU Darmstadt / ZEVEDI) addressed the question of how to reconcile the openness and security of research data. Research results should be freely accessible to promote scientific progress. However, in the face of an increasingly tense geopolitical situation, risks and challenges are coming to the fore: what are the dangers of open data flows and how can science respond to them?

to the website of the lecture series Cybersecurity