The gender data gap exists in all facets of our society and results in pervasive discriminatory impacts for women in every area of life, from equal use of public space to the right to life. This paper examines whether there is an obligation on European Union member states to take affirmative measures to address the gender data gap in policy decision-making, including via clean use of algorithmic decision-making, sex disaggregation of data, and – as an initial matter – ensuring sufficient representation of women in research. The paper also examines whether failing to take these measures violates data protection law. It determines that actions and omissions which perpetuate the gender data gap may violate Article 14 of the European Convention on Human Rights, as well as the data protection principles codified in the European Union’s General Data Protection Regulation.