Balancing Transparency and Data Protection in Academic Publishing: The Case of Editorial Correspondence Disclosure on Preprint Servers
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The intersection of data protection regulations and academic transparency presents complex challenges for scholarly publishing platforms, particularly preprint servers operating under European Union General Data Protection Regulation (GDPR) and Swiss Federal Act on Data Protection (FADP). This article examines the tension between editorial transparency advocates' calls for open disclosure of peer review correspondence and legal requirements for third-party consent in data processing. Through analysis of current regulatory frameworks and publishing practices, we identify key conflicts between transparency principles and privacy protection in academic contexts. Our findings suggest that while data protection laws legitimately restrict unauthorized disclosure of identifying information about third parties, these regulations may inadvertently limit scholarly discourse and accountability mechanisms. We propose a framework for balancing competing interests that maintains legal compliance while preserving opportunities for constructive academic critique. The analysis reveals that current interpretations of data protection law may be overly restrictive in academic contexts where transparency serves legitimate scholarly purposes, suggesting need for clearer guidance on the boundaries between personal data protection and academic freedom.