| NOTAS: | "The Data Act (DA) is a key pillar of the European Data Strategy that aims to unlock the potential of data-driven innovation by making data more accessible to all. The proposal was unveiled in February 2022 and is expected to be approved by co-legislators in the coming months. This new CERRE report zooms in the Business to Government data sharing provisions in Chapter V of the proposed Data Act that put forward mandatory rules on making privately held data available to public sector bodies (PSBs) based on exceptional need. These provisions follow a noticeable shift of data power between the private and public sector to the benefit of private companies, and stem from the underlying idea that these large stocks of data can be used for the common good. The report is generally supportive of the idea of stipulating duties for private businesses to share their data with the state for public purposes. There is, however, an important caveat: empowering the state to access privately held data is subject to the condition that the interests of data holders and data subjects are sufficiently safeguarded, and that abuse is effectively prevented. In addition, the provisions must account for the incentives of businesses to create and collect data when delineating the limits and modalities of state access to private data. All in all, the Commission proposal would benefit from additional thought and public discussion, which this paper aims to foster." |
