The Law and Policy of Government Access to Private Sector Data (‘B2G Data Sharing’)

40 Pages Posted: 14 May 2020 Last revised: 15 May 2020

See all articles by Heiko Richter

Heiko Richter

Max Planck Institute for Innovation and Competition

Date Written: May 6, 2020

Abstract

The tremendous rate of technological advancement in recent years has fostered a policy de-bate about improving the state’s access to privately held data (‘B2G data sharing’). Access to such ‘data of general interest’ can significantly improve social welfare and serve the common good. At the same time, expanding the state’s access to privately held data poses risks. This chapter inquires into the potential and limits of mandatory access rules, which would oblige private undertakings to grant access to data for specific purposes that lie in the public interest. The article discusses the key questions that access rules should address and develops general principles for designing and implementing such rules. It puts particular emphasis on the opportunities and limitations for the implementation of horizontal B2G access frameworks. Finally, the chapter outlines concrete recommendations for legislative reforms.

Keywords: access to data, B2G, business-to-government, data regulation, data sharing, EU law, open data, public interest

Suggested Citation

Richter, Heiko, The Law and Policy of Government Access to Private Sector Data (‘B2G Data Sharing’) (May 6, 2020). Max Planck Institute for Innovation & Competition Research Paper No. 20-06. Available at SSRN: https://ssrn.com/abstract=3594109

Heiko Richter (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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