There is a fundamental tension between secrecy claims and transparency needs. This is especially evident in the digital ecosystem; on the one hand, developers and providers have the right and incentives to claim protection for the confidentiality of digital technologies, computer algorithms and data. On the other hand, detecting unlawful discrimination and unfair or deceptive practices, among others, requires evidence or at least actionable information. In light of the EU’s digital ‘Act-ivism’, this research project funded by the Dutch Research Council (NWO) will investigate how EU digital and data regulation balances the protection of confidential information with transparency. Especially public interest research by, for example, journalists, trade unions, or consumer advocates can be a reason for transparency. If enabled, public interest research can help hold developers and providers accountable and earn trust in digital technologies and artificial intelligence.
Against that background, the research project will answer the central research question: How does EU digital and data regulation balance the protection of confidential information with transparency, in particular for public interest research?
In answering this question, the project will work towards achieving the following research objectives:
1. to generate knowledge about the EU law’s protection of confidential information in the EU legal framework on digital technologies and data;
2. to construct a transparency taxonomy of limitations, exceptions and public interest grounds that override confidentiality claims;
3. to integrate the transparency taxonomy with the EU legal framework on digital technologies and data; and
4. to conceptualise Public Interest Research Access (PIRA) overriding confidentiality claims.
Grant ID: https://doi.org/10.61686/KDAXC49616
Duration: 2026-2030