EUROPEAN POLICIES ON DATA Review of the PSI Directive Meeting of the INSPIRE MIG Expert Group 8 December 2017, Brussels Jiri PILAR Data Policy and Innovation DG CONNECT – European Commission

Commissioner for Digital Economy and Society "Data lies at the core of the 4th Industrial Revolution. This is an essential resource for economic growth, competitiveness, innovation, creation and society's progress in general." Societal benefits in many areas such as health, environment, agriculture, mobility, research, etc. Economic growth … Mariya Gabriel

By 2020 the European Data Economy in the most favourable scenario could contribute up to 4% of EU GDP Multiplier impacts on the data economy Value by scenario EU Data Economy 2020 EU Data Market 2020 HIGH GROWTH SCENARIO Maximising data users benefits 739 €B 4% EU GDP 107 €B Data Market x7 Data Market X6 80 €B BASELINE SCENARIO Exploiting innovation 452 €B 2.6% EU GDP The EU data economy employed around 6 million data professionals in 2015 representing 3.1% of the total employment By 2020, it is estimated under the high growth scenario that the number of data professionals will increase to 10.43 million, with a compound average growth rate of 14.1% if the policy and legislative framework conditions around the EU data economy are put right. 70 €B Data Market x5 7.8 million people employed in 2020 (baseline scenario) or 10.43 million (high growth) Source: European Data Market Monitoring Tool, IDC 2016 data: www.datalandscape.eu

Digital Single Market Strategy (2015) Ensuring that Europe's economy, industry and employment take full advantage of what digitalisation offers Pillar3 ECONOMY & SOCIETY  Digitising industry Cloud Inclusive digital economy and society e-government Standardisation & interoperability Digital skills Data economy      

COM: 'Building a European Data Economy' (January 2017) Business data COM: 'Building a European Data Economy' (January 2017) Focus on non-personal, machine-generated data Contracts as main vehicles to share and re-use; silos Objective: facilitate B2B data sharing and trading Topics ("emerging" data issues): "Free Flow of Data" –> 19/9 proposal Portability, interoperability and standards Access to data, B2B data sharing Access to private sector data for public interest reasons Need to exploit industry-held data better Objective: facilitate B2B data sharing and trading Stakeholder dialogue and consultation report Further investigate emerging issues: guidance & support measures

Building a European Data Economy … Policy framework: Digital Single Market Strategy 2015 (Midterm Review 2017) Building a European Data Economy … to enhance access to data and its transfer across sectors, borders and disciplines (focus on private sector data) … and Open Data policy data that can be freely accessed, re-used and redistributed by anyone (data resulting from public funding) DSM Mid Term Review Chapter on the Data Economy: Autumn 2017: legislative proposal on the EU free flow of data cooperation framework (principles: free flow of data within the EU, porting non-personal data, availability of certain data for regulatory control purposes) Spring 2018: initiative on accessibility and re-use of public and publicly funded data; further explore the issue of privately held data which are of public interest (subject to evaluation / impact assessment) - including PSI Directive review and other data-related instruments Analyse whether to define principles to determine who is liable in cases of damage caused by data-intensive products Continue to assess the need for action concerning B2B datasharing

Open Science Policy: good for science, society & the economy Scientific data Open Science Policy: good for science, society & the economy 2012 EC Recommendation to MS on access to an preservation of scientific information (under review as of 2017) Open Research Data Pilot Horizon 2020: grantees deposit research data; measures to grant open access to data Principle of FAIR research data: Findable + Accessible + Interoperable + Re-usable; Data Management Plan (DMP) European Open Science Cloud: data infrastructure for research and (later) other data; service catalogue Text and data mining provisions – copyright framework

Public Sector Information Directive Competition instrument Government data Public Sector Information Directive Competition instrument Open Data instrument 2003 PSI Directive, rev. 2013 (under review in 2018) Requirements to ensure that public sector information can be re-used across sectors Re-use for commercial or non-commercial purposes Data resulting from public funding must in principle be open Innovative products & services Better policy-making Portals (infrastructure):

Review of the PSI Directive Re-use of public sector information Review of the PSI Directive Public online consultation open until 12 December 2017 Impact Assessment under way Focus: review of the Directive on the re-use of public sector information 2003/98/EC (PSI Directive) in the areas of: Simplification of charging provisions Re-use of data held by semi-public undertakings Re-use of research data Improving data discoverability, machine readability Better use of dynamic data Clarification of the interplay with INSPIRE/Database Dir Functioning of the rules on exclusive agreements The review of the Directive on the re-use of public sector information is one of the key elements of the 2018 package. As foreseen in the May 2017 mid-term Review of the Digital Single Market strategy (COM(2017) 228), and in order to fulfil the goals of the strategy in the field of the data economy, the Commission is preparing an initiative on accessibility and re-use of public and publicly funded data, and is at the same time further exploring the issue of privately held data which are of public interest. The Directive 2003/98/EC on the re-use of public sector information is a core element of the European strategy to open up government data for use in the economy and for reaching societal goals. Revised by Directive 2013/37/EU (PSI Directive) in July 2013, it encourages Member States (MS) to make as much material held by public sector bodies available for re-use as possible to foster transparency, data-based innovation and fair competition. The consultation will close on 12 December 2017.

Data protection rules: The foundation of EU data policy From May 2018: single pan-European set of rules for the protection of personal data (esp. General Data Protection Regulation, GDPR) Anonymised personal data: treated like non-personal data Consent mechanism Any transfer of personal data outside the EU is subject to the same level of protection as inside Data subjects have a right to personal data portability Data protection logic Free flow of personal data Very difficult to categorically separate personal from non-personal data, as (a) most businesses process a mix of personal and non-personal data in their databases The data economy relies on both non-personal and personal data: The data economy clearly is fuelled by both personal and non-personal data. A December 2012 IDC paper suggests 68 % of the information in the digital universe was created and consumed by consumers in 2012 (https://www.emc.com/collateral/analyst-reports/idc-the-digital-universe-in-2020.pdf ). Excluding personal data from the scope would severely limit the Data Economy options for action, e.g. Cloud: many businesses also store personal data (e.g. legally collected customer data). Excluding personal data would make any B2B portability action difficult. Proposed ePrivacy Regulation hindering exploitation of machine-generated data? Recital 12: reg.shall apply to M2M communications – however, this is currently being discussed and we are not sure the recital will stay unchanged. Possibility to add "whenever these are related to users" at the end.

Bringing it all together Business data Guidance and support on data sharing in B2B contexts 2018 Data Package (Spring 2018) Government data PSI Directive (review) Scientific data Recommendation on access to and preservation of scientific Information (review) The data economy will flourish if data is accessible & re-useable: - across borders - for & by different types of organisations (private, public, research) - for & by different sectors (e.g. energy, manufacturing, health…). Having a large reservoir of data available for re-use will - make it possible to build new information services - allow for searching for correlations and patterns - enable the emergence of ideas and answers to societal challenges - e.g. epidemics, smart cities  It must be legally & technically possible not only to access and re-use, but also to blend and combine data and tools.

EUROPEAN POLICIES ON DATA Review of the PSI Directive Thank you! New slide Meeting of the INSPIRE MIG Expert Group 8 December 2017, Brussels