In mid‑2021, the European Commission began consultation on a proposed Data Act and issued a discussion document (European Commission 2021).
By my reading, the proposed legislation and related measures (such as the proposed ePrivacy Directive) have the following aims at their core:
- to tighten up how private data (including non‑personal data) is communicated and stored
- to increase the sanctions for the misuse of such data
- to improve the flow of information between businesses (B2B)
- to promote fairness in regards access to B2B information and participation in nascent digital markets
- to investigate business‑to‑government (B2G) information flow for reasons of public interest
The last point is of most interest to open energy system analysts. To that end, sixteen submitters from this community filed a submission under their own names (Morrison 2021) as described next.
The submission was part of the Roadmap phase of consultation and was more designed to explore ideas than concrete proposals. Our submission was contained in this PDF file:
- morrison-european-data-act-inception-submit.07.pdf (1.4 MB)
- submitted: Fri 25‑Jun‑2021 14:28 +0200 (CEST)
- md5sum: 8fa3831abccabd98aff81965a961df32
Our key points were as follows:
- information under statutory reporting should be open licensed
- the period of retention should be extended beyond the current five years
- energy market transparency reporting should be overhauled
- our preferred open licenses were “CC‑BY‑4.0, CC0‑1.0, or something inbound compatible”
- business‑to‑government transfers, suitably aggregated and anonymized, would be useful
- aspects of existing legislation should also be amended
We also stressed that with our domain:
- data management is shifting from localized and disjoint to domain‑wide and community‑curated
- open licensing, and specifically CC‑BY‑4.0, is a necessary condition for that shift
The next consultation loop ends on 03 September 2021 and is classified as Public Consultation:
It is not clear to me what is expected of this next iteration. For instance, the Commission has not issued another consultation document or proposed draft legislation. I am currently following this matter up.
European Commission (28 May 2021). Inception impact assessment: Data Act (including the review of the Directive 96/9/EC on the legal protection of databases) — Ares(2021)3527151. Brussels, Belgium: European Commission. Lead DG: CNECT/G1. Landing page for download given. Download name: 090166e5ddb6bc31.pdf.
Morrison, Robbie (25 June 2021). Submission on a proposed Data Act for the European Union from the perspective of energy system analysis — Release 07. doi:10.5281/zenodo.5032198. Berlin, Germany. Creative Commons CC‑BY‑4.0 license.