The Law and Policy of Government Access to Private Sector Data (‘B2G Data Sharing’)
In: German Federal Ministry of Justice and Consumer Protection, Max Planck Institute for Innovation and Competition (eds), “Data Access, Consumer Interests and Public Welfare”, Baden-Baden, Nomos, 2021, pp. 529-572
Posted: 14 May 2020 Last revised: 8 Jun 2021
Date Written: May 6, 2020
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
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