Az adataltruizmus és a datatrust alapjogi megközelítése

Nowadays, the possession of data, in particular personal data, can provide a competitive advantage for some economic actors and allow governments to make better-informed policy decisions. The economic value of data was also recognised by the European Union legislator, which first set out the framework for a European Data Strategy, and the Commission published its proposal for a Data Governance Act along this strategy, which eventually was adopted in May this year. The Data Governance Act defines, among other terms, the concept of data altruism and lays down further rules thereon. According to data altruism, even personal data may be disclosed to others for common good on the basis of the data subject's consent. Data altruism is also supported by the institution of datatrust. The present paper outlines a number of provisions of the adopted Data Governance Act through the European Data Strategy, and draws attention to the fundamental rights issues related to data altruism and datatrust (possibility of general right of access to information and classical concept of freedom of information, giving consent to data processing through representation and the exercise of the fundamental right of informational self-determination, the objective duty of the State to protect fundamental right of informational self-determination against "self-defeating" decisions by individuals).