https://doi.org/10.1177/0306312719846557
Social Studies of Science
2019, Vol. 49(4) 503–530
© The Author(s) 2019
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DOI: 10.1177/0306312719846557
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Impossible, unknowable,
accountable: Dramas and
dilemmas of data law
Alison Cool
Department of Anthropology, University of Colorado Boulder, USA
Abstract
On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) came into
force. EU citizens are granted more control over personal data while companies and organizations
are charged with increased responsibility enshrined in broad principles like transparency and
accountability. Given the scope of the regulation, which aims to harmonize data practices across
28 member states with different concerns about data collection, the GDPR has significant
consequences for individuals in the EU and globally. While the GDPR is primarily intended to
regulate tech companies, it also has important implications for data use in scientific research.
Drawing on ethnographic fieldwork with researchers, lawyers and legal scholars in Sweden, I
argue that the GDPR’s flexible accountability principle effectively encourages researchers to reflect
on their ethical responsibility but can also become a source of anxiety and produce unexpected
results. Many researchers I spoke with expressed profound uncertainty about ‘impossible’ legal
requirements for research data use. Despite the availability of legal texts and interpretations,
I suggest we should take researchers’ concerns about ‘unknowable’ data law seriously. Many
researchers’ sense of legal ambiguity led them to rethink their data practices and themselves as
ethical subjects through an orientation to what they imagined as the ‘real people behind the data’,
variously formulated as a Swedish population desiring data use for social benefit or a transnational
public eager for research results. The intentions attributed to people, populations and publics –
whom researchers only encountered in the abstract form of data – lent ethical weight to various
and sometimes conflicting decisions about data security and sharing. Ultimately, researchers’
anxieties about their inability to discern the desires of the ‘real people’ lent new appeal to solutions,
however flawed, that promised to alleviate the ethical burden of personal data.
Keywords
accountability, big data, data law, ethics, GDPR, Sweden
Correspondence to:
Alison Cool, Department of Anthropology, University of Colorado Boulder, 1350 Pleasant Street, Hale
Science 350 / 233 UCB, Boulder, CO 80309, USA.
Email: alison.cool@colorado.edu
846557SSS 0 0 10.1177/0306312719846557Social Studies of ScienceCool
research-article 2019
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