Data scraping for scientific research purposes : legal bases under the GDPR

Abstract

In research contexts, data scraping enables systematic collection of large-scale, real-world digital data. This article examines data scraping for research that is publicly funded or carried out in pursuit of public interest objectives, from the perspective of data protection law. It focuses on the GDPR requirement to identify a legal basis in order to ensure lawful processing. The analysis assesses the appropriateness of reliance on the lawful bases in Article 6(1), and possible derogations in Article 9(2) GDPR. It then considers (i) whether the said processing could benefit from the GDPR’s derogations for scientific research and (ii) whether exemptions relating to academic expression under Article 85 GDPR apply. The article concludes that the GDPR does not currently provide a readily-available legal basis for research carried out in the public interest. It argues that future sector-specific legislation could provide legal certainty and reconcile the protection of personal data with the advancement of scientific research in an increasingly digital environment. The findings underscore the need for harmonised interpretations and best practices that balance transparency and accountability with the legitimate pursuit of scientific progress, thereby promoting a coherent and ethically responsible approach to the use of online data in research.