IGF 2019 WS #191
Public Interest Data: Where Are We? To Do What?

DESCRIPTION

Public interest data also named as data of general interest can be defined as private data whose opening is justified by a goal of public interest - for example health or ecology.

Public sector bodies like private companies are adopting data-driven decision making and build up data analytics capacities. Statistical offices are reflecting to what extent the traditional, cost-intensive data gathering methods can be replaced by Big Data analytics. In a number of scenarios, public sector bodies could significantly improve their decision making using commercially-held information, notably for reasons of public health policy, spatial and urban planning, natural and technological risk management, managing energy supply grids or protecting the environment. 

In 2016, the French Act for a Digital Republic introduced a legislation on public interest data. Indeed, France has put in place the possibility for the government to request commercial players to give access to data they hold for the purpose of establishing public statistics. This is subject to a number of procedural safeguards, namely a structured discussion with the private operator, a study on the feasibility and opportunity of such request and a consultation of the National Statistics Council. The decision to grant the right to access commercial data is taken by the minister in charge. Along those lines, more authorities could be identified that could be granted such a right to access commercially-held data, while at the same time procedural safeguards would need to be put in place so that existing rights on data are being respected and compensation mechanism being devised. Similarly, enhanced access to commercially-held data for scientific researchers funded from public resources could be contemplated. Recently, new insights have emerged in France on public data interest in the context of the French general assembly for the new digital regulations. Moreover, the rise of artificial intelligence (AI) gives new momentum to this issue, as the training of algorithms requires a huge amount of data.

If France is a pioneer, many countries and the European Union are starting to think about legislation on data of general interest. It is therefore time to think about a coherent legal framework for public interest data and ways to facilitate data sharing between economic actors. For example, the principle of circulation of data is written on the INSPIRE directive and the regulation on the free flow of non-personal data. It is also a priority of the new mandature of the European Union. 

SESSION EXPECTED OUTCOMES

This panel will propose a contribution to the framing of a common data space, which should make room for the opening of private data. 

In a first session, it will explore the different regulatory frameworks applied to the data of public interest, to open the discussion on how to define class of data to which access could be given, to public and private sectors bodies, associations and publicly funded researchers. Indeed, this panel will have drawn a complete picture of the different regulatory methods applied today to public interest data with concrete examples. 

In a second session, this panel will also discuss about the regulation on public interest data. At the end of each session, the moderator will then open the floor for interaction with the public to engage in a discussion about the future of legislation on public interest data.

Interventions: 

• Annie Blandin, member of the French Digital Council (independent advisory commission created to address all the questions set up by the development of the digital in society and economy) will discuss about the recent French debate of public interest data especially the environmental data. 

• Francesca Bria, Barcelona's Chief Technology and Digital will discuss on how to give back the control of data to citizens and how Barcelona shows that citizens' data can generate public value.

• Chérif Diallo, Director of ICT at the Telecommunication Ministry in Senegal, will bring his expertise on a State centered, traditional regulation and will be able to share with the public the recent framework put in place in Senegal. 

• Sebastien Soriano, president of the french regulator ARCEP will explain how to give back the power of information to the many. Data is full of promises, not only for Big Tech but also to empower the many. By regulating with data, regulators can use the power of information to shed light on how markets operate, steer them towards the achievement of public policy goals and enable users to make more informed choices. 

• Luca Belli, PhD is Professor of Internet Governance and Regulation at Fundação Getulio Vargas (FGV) Law School, where he heads the CyberBRICS project, and associated researcher at Centre de Droit Public Comparé of Paris 2 University. He will explain the brazilian legislations and reflections on open data and on public interest data. 

• Lucien Castex, researcher at Université Sorbonne Nouvelle and Secretary General of Internet Society France, has in depth knowledge of a variety of policy issues concerning internet Governance and Internet regulation. He will talk about the link between innovation and public interest data, with the case study of artificial intelligence. 

• Laurent Cytermann, member of Conseil d’Etat France will introduce, conclude and moderate this session. He is an expert of public interest data in France. 

• Marylou Le Roy, legal and institutional affaires officer of the French Digital Council will moderate the online participation.