1. 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

2. 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

3. 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 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 million (high growth)
Source: European Data Market Monitoring Tool, IDC data:

4. 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      

5. 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

6. 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

7. 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

8. Public Sector Information Directive Competition instrument
Government data
Public Sector Information Directive
Competition instrument
Open Data instrument
2003 PSI Directive, rev (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):

9. 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.

10. 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 ( ).
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.

11. 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.

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