Open Science and Data Protection: Engaging Scientific and Legal Contexts

This paper analyses the relationship between open science policies and data protection. In order to tackle the research data paradox of the contemporary science, i.e., the tension between the pursuit of data-driven scientific research and the crisis of repeatability or reproducibility of science, a theoretical perspective suggests a potential convergence between open science and data protection. Both fields regard governance mechanisms that shall take into account the plurality of interests at stake. The aim is to shed light on the processing of personal data for scientific research purposes in the context of open science. The investigation supports a threefold need: that of broadening the legal debate; of expanding the territorial scope of the analysis, in addition to the extra-territoriality effects of the European Union’s law; and an interdisciplinary discussion. Based on these needs, four perspectives are then identified, that encompass the challenges related to data processing in the context of open science: (i) the contextual and epistemological perspectives; (ii) the legal co-ordination perspectives; (iii) the governance perspectives; and (iv) the technical perspectives.