Summary of the Opinion of the European Data Protection Supervisor on EDPS Opinion on the European strategy for data

(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(2020/C 322/04)

Executive summary

The European Commission published on 19 February 2020 a Communication ‘A European strategy for data’. It is part of a wider package of strategic documents, including also a Communication on Shaping Europe’s digital future and a White Paper on Artificial Intelligence – A European approach to excellence and trust.

The aim of the Data Strategy is to create a single European data space and thus make it easier for businesses and public authorities to access high-quality data to boost growth and create value. Moreover, it should ‘enable the EU to become the most attractive, most secure and most dynamic data-agile economy in the world’. A key element of the Data Strategy is the development of common European data spaces in strategic economic sectors and domains of public interest, such as the common European health data space.

This Opinion presents the EDPS view on the Data Strategy as a whole, as well as on certain specific aspects, such as the notion of ‘public good’, Open Data, use of data for scientific research, data intermediaries, data altruism, international data sharing and others.

The EDPS understands the growing importance of data for the economy and society and supports the wider strategic objectives of the EU, such as the development of the Digital Single Market and the EU’s digital sovereignty. At the same time, he recalls that ‘big data comes with big responsibility’ and therefore appropriate data protection safeguards must be in place.

In this regard, the EDPS applauds the Commission’s commitment to ensure that European fundamental rights and values, including the right to the protection of personal data, underpin all aspects of the Data Strategy and its implementation. In particular, he appreciates the assurance that the Strategy would be developed in full compliance with the General Data Protection Regulation, which provides a solid basis, also by virtue of its technologically-neutral approach.

The EDPS underlines that one of the objectives of the Data Strategy should be to prove the viability and sustainability of an alternative data economy model – open, fair and democratic. Unlike the current predominant business model, characterised by unprecedented concentration of data in a handful of powerful players, as well as pervasive tracking, the European data space should serve as an example of transparency, effective accountability and proper balance between the interests of the individual data subjects and the shared interest of the society as a whole.

Furthermore, this Opinion takes into account the unprecedented global crisis, caused by the COVID-19 pandemic, which has affected all aspects of our life. In this context, the EDPS reiterates his position that data protection is not the problem but part of the solution. Data and technology can play an important role in the overcoming the crisis in combination with other factors, as there is no ‘silver bullet’ for something as complex like this.

The EDPS remains at the disposal of the Commission, the Council and the European Parliament to provide further advice at the next stages of the implementation of the European strategy for data, both in terms of legal framework and of practical aspects. The comments in this Opinion are without prejudice to additional comments in the future on particular issues and/or if further information is available.

1. INTRODUCTION

1. The European Commission presented on 19 February 2020 a Communication ‘A European strategy for data’ ( 1 ) . It is part of a wider package of strategic documents, including also a Communication on Shaping Europe’s digital future ( 2 ) and a White Paper on Artificial Intelligence – A European approach to excellence and trust ( 3 )

2. The aim of the European strategy for data (hereinafter referred to as ‘the Data Strategy’ or ‘the Strategy’) is to create a single European data space and thus make it easier for businesses and public authorities to access high quality data to boost growth and create value, while reducing the carbon footprint of the EU economy. Moreover, it would play a key role in realising the Commission’s ambition to ‘enable the EU to become the most attractive, most secure and most dynamic data-agile economy in the world’.

3. The European Data Strategy has been open to public consultation. The objective of the consultation is to collect views on the Data Strategy as a whole, as well as on certain specific aspects. A similar public consultation has been launched on the White Paper on Artificial Intelligence.

4. The EDPS was informally consulted by the Commission on 29 January 2020 on the initial draft of the Data Strategy and submitted preliminary comments. The EDPS welcomes the fact that his views have been sought at an early stage of the procedure and encourages the Commission to continue with this best practice.

5. The present opinion further elaborates upon some of the informal comments and provides more targeted input in light of the public consultation. It should, in principle, be read in conjunction with other relevant opinions of the EDPS, referred throughout the document, such as the Preliminary opinion on scientific research ( 4 ) , Opinion on Open Data ( 5 ) , Opinion on personal information management systems ( 6 ) , and others. Furthermore, the present opinion is without prejudice to any additional comments that the EDPS could make on the basis of further available information at a later stage, including in the context of the future legislative consultations on the legal acts foreseen in the Data Strategy and the Commission Work Programme.

6. Finally, the EDPS notes the ongoing debate about the extent to which data and technology can help in the fight against COVID-19. In this context, the EDPS would like to recall his position, shared by the other supervisory authorities within the European Data Protection Board (EDPB) ( 7 ) , that data protection rules do not hinder measures taken in response to the coronavirus pandemic. Data protection is not the problem, it is part of the solution. The EDPS considers that data and technology play an important role in the overcoming of the unprecedented crisis, which impacts all aspects of our life, but they are by no means a ‘silver bullet’. Data and technology can contribute in fighting the pandemics and other similar threats only if they empower effectively the individuals and are accompanied by appropriate safeguards and other holistic measures.

6. CONCLUSION

75. The EDPS understands the growing importance of data for the economy and society and supports the ambition to make the European Union ‘the most attractive, most secure and most dynamic data-agile economy in the world’. At the same time, he would like to recall that ‘big data comes with big responsibility’ and therefore appropriate data protection safeguards must be in place and effectively applied.

76. The EDPS welcomes the Commission’s commitment to ensure that European fundamental rights and values, including the right to the protection of personal data, underpin all aspects of the Data Strategy and its implementation. In particular, he appreciates the assurance that the Strategy would be developed in full compliance with the General Data Protection Regulation, which provides a solid basis, also by virtue of its technologically-neutral approach.

77. Today, the predominant business model of the digital economy is characterised by unprecedented concentration of data in the hands of a handful of powerful players, based outside the EU, and wide-scale pervasive tracking. The EDPS strongly believes that one of the most important objectives of the Data Strategy should be to prove the viability and sustainability of an alternative data economy model – open, fair and democratic. Therefore, the envisaged common European data spaces should serve as an example of transparency, effective accountability and proper balance between the interests of the data subjects and the shared interest of the society as a whole.

78. The EDPS expects to be consulted on any legislative follow-up to the Data Strategy which will have an impact on data protection, as set out above, in line with Article 42 of Regulation 2018/1725, and remains at the disposal of the Commission, the Council and the European Parliament to provide further advice at the next stages of implementation of the European strategy for data, both in terms of legal framework and of practical aspects. The comments in this Opinion are without prejudice to additional comments in the future on particular issues and/or if further information is available.

Brussels, 16 June 2020. Wojciech Rafał WIEWIÓROWSKI

(1) COM (2020) 66 final, https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/european-data-strategy

(2) COM(2020) 67 final, https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/shaping-europe-digital-future_en

(3) COM(2020) 65 final, https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/excellence-trust-artificial-intelligence_en

(4) https://edps.europa.eu/sites/edp/files/publication/20-01-06_opinion_research_en.pdf

(5) https://edps.europa.eu/sites/edp/files/publication/18-07-11_psi_directive_opinion_en.pdf

(6) https://edps.europa.eu/sites/edp/files/publication/16-10-20_pims_opinion_en.pdf

(7) See more at https://edps.europa.eu/data-protection/our-work/subjects/covid-19_en