To improving public administrations in areas such as access to information, the protection of personal data and the fight against corruption (IMAGE)
Caption
Photo: Jaime Clemente, Beatriz Tomás, Cristina Pauner and Jorge A. Viguri.
Teaching staff from eight Spanish universities, coordinated by the Universitat Jaume I in Castelló, have contributed to improving legal certainty in the management of information by public administrations and to reconciling the right to data protection with the duty of transparency and the fight against corruption. They have done so by proposing regulatory improvements after analysing, comparing and identifying legal gaps in the various national and regional regulations governing these matters.
The study of the application of the General Data Protection Regulation (GDPR) in the public sphere has made it possible to identify the challenges faced by administrations in implementing these fundamental rights, to design training initiatives to convey this knowledge to those working within them, and to improve the public service they provide to citizens. In addition, the team has provided regulatory tools to ensure compatibility between guaranteeing access to public information and protecting personal data.
In the opinion of the research team, “by ensuring that data protection is not used as a pretext to restrict transparency, access to information of general interest has been strengthened, enabling society to participate more actively in public affairs”. They also highlight as one of the most significant contributions in the field of data protection “the identification of mechanisms to strengthen the protection of individuals who report corruption”.
The impact of the project “Reconciling the right to data protection with compliance by public authorities with the duty of transparency and the fight against corruption (DATATRANSCO)”, funded by the Ministry of Science, Innovation and Universities, has extended beyond the public administration and legal sectors to others such as technology and artificial intelligence. The research team has incorporated into its analysis and comparison the European Artificial Intelligence Regulation (AI Act), adopted in 2024, which includes requirements regarding transparency and explainability (understanding how an algorithm works).
“The strengthening of legal certainty in the management of personal data in the public sphere has enhanced administrative efficiency and reduced legal risks for administrations, while at the same time improving access to public information and data protection”, the research team explains. They also state that “in the field of artificial intelligence, the analysis of the new European regulation has made it possible to formulate recommendations to ensure the ethical and responsible use of these technologies and to prevent them from generating inequalities or discrimination”.
Throughout the project, the teaching and research staff have carried out knowledge transfer activities aimed at public bodies, such as local councils and international companies associated with the European Commission, which has relied on the team’s support in drafting regulations and strategies on data protection, transparency, corruption prevention and the fight against fraud. The team has also fostered debate on these issues at national and international conferences in which they have participated, and has addressed more specific topics such as proactive disclosure during elections, transparency in public and private universities, and the potential discriminatory effects of algorithms.
Credit
Universitat Jaume I of Castellón
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