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

Organizer 1: Laurent Cytermann, Conseil d'Etat
Organizer 2: Salwa Toko , French Digital Council - Conseil national du numérique

Speaker 1: Paula Forteza, Government, Western European and Others Group (WEOG)
Speaker 2: Carolyn Nguyen, Private Sector, Western European and Others Group (WEOG)
Speaker 3: Chérif Diallo, Government, African Group
Speaker 4: Sebastien Soriano, Government, Western European and Others Group (WEOG)
Speaker 5: Luca Belli, Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 6: Lucien M. CASTEX, Technical Community, Western European and Others Group (WEOG)

Policy Question(s): 

What is the definition of public interest data?
What are the legislative frameworks on the sharing of public interest data?
How to encourage actors to share their data in the goal of general interest?

Relevance to Theme: Public interest data are at the center of the problems of the data economy and the data governance.

Relevance to Internet Governance: The share of public interest data will impact the Internet Governance, especially the relations beetwen Governments and the private sector.

Format: 

Debate - Auditorium - 90 Min

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.

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

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. Then, this panel will also publish the legal fondement that permit the transformation to data to public interest data. 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.

Agenda:
Introduction (10 min) by Annie Blandin (French Digital Council)
State / traditional regulation (15 min) by Paula Forteza and Chérif Diallo (Senegalese Government)
Data-driven regulation and data of public interest (10 min) by Sébastien Soriano (ARCEP)
Self-regulation (10 min) by Carolyn Nguyen (Microsoft)
Democratic and collaborative regulation by Luca Belli and Lucien Castex (15 min)
Conclusion (10 min) by Laurent Cytermann (Conseil d’Etat France)
Q&A and debate moderated by Laurent Cytermann (Conseil d’Etat France) (30 min)

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 reflexion of public interest data.
Paula Forteza, french member of the Parliament will bring her expertise on legislative regulation as rapporteur of the French implementation of the GDPR and as part of the working group on the Constitutional revision to include a digital bill of rights.
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 bring his expertise and field knowledge on the use of public interest data in the context of data-driven regulation approach, put in place by the ARCEP.
Carolyn Nguyen, Technology Policy Director at Microsoft and ICC Digital Economy Commission Vice-Chair, will share the private sector vision on self-regulation and she will be able to contribute to the general debate as per her experience on the Internet Governance process.
Luca Belli, a brazilian academic will share the point of view of a civil society active member on how to build up a more democratic, more collaborative regulatory model based on the empowerment of civil society at the age of data economy.
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 be an asset to moderate the debate and enhance public participation.
Laurent Cytermann, member of Conseil d’Etat France will conclude and moderate this session. He an expert of public interest data in France.
Marylou Le Roy and Clément Le Ludec, policy officers of the French Digital Council will moderate the online and onsite participation.

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.

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. Then, this panel will also publish the legal fondement that permit the transformation to data to public interest data. 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.

Onsite Moderator: 

Laurent Cytermann, Government, Western European and Others Group (WEOG)

Online Moderator: 

Theodore Christakis, Civil Society, Western European and Others Group (WEOG)

Rapporteur: 

Laurent Cytermann, Government, Western European and Others Group (WEOG)

Discussion Facilitation: 

The list below provides examples of the ways discussion and presentation will be facilitated amongst speakers, audience members, and online participants and ensure the session format is used to its optimum:

Seating: The panel of experts will debate share their expertise and their vision on Internet regulation sitting at the same table so the participants can see and hear them. It will be an effective way to compare and contrast the various positions of the panel. The moderator will open the discussion with a general review of the policy question and then speakers will provide their remarks on the question and then address questions from the moderator. At least 30 minutes will be allowed for questions/comments from the audience.

Media: The organizers will explore the use of visuals (i.e. interactive presentation, charts) to animate the session and aid those whose native language may not be English. Experts who have short video material to share will be encouraged to help animate discussion and debate on these examples. Video material may also be considered to help engage remote participants.

Preparation: Several prep calls will be organised for all speakers, moderators and co-organisers in advance of the workshop so that everyone has a chance to meet, share views and prepare for the session. A conference on public interest data will be organised on this theme during the French Internet Governance Forum foreseen to be help on July 4th.

Moderator: The moderator is an expert, well-informed and experienced in animating multistakeholder discussions. The moderator will have questions prepared in advance to encourage interaction among invited experts and between participants, if conversation were to stall. The remote moderator will play an important role in sharing the ideas of remote speakers/participants. At the end of the session, the moderator will encourage questions from the audience in order to open the debate and bring new perspectives into the discussion. This will also invite the speakers to reflect differently on the matter and think out of the box.

Online Participation: 

The remote moderator will be involved throughout workshop to include participation from online viewers. The onsite moderator will frequently communicate with the remote moderator during the session to ensure remote participants’ views/questions are reflected and integrated to the discussion, specially suring the Q&A sequence. This will ensure remote participations are given the opportunity to interact with multiple experts remotely. Organizers have specially invited a participant to act as the remote moderator and will share information with the remote moderator about training sessions for remote participation at IGF and ensure they have all the necessary information. Co-organizers will ensure that the workshop is promoted in advance to the wider community to give remote participants the opportunity to prepare questions and interventions in advance. We can include the intervention from youth participants from Latin America and Africa to increase diversity and bring fresh opinions and questions to the debate. Any handouts prepared in advance for the panel will be shared with remote participants at the start of the session so that they have the necessary material to participate.

Proposed Additional Tools: The position of the French administration on public interest data are published on the French Digital Council website under the Creative commons licences. Given the varied background of discussants and audience members, organisers will explore introducing questions to animate discussion on social media in the run up to the workshop. This will introduce the subject, encourage conversation and create links to other dialogues on digital skills taking place in other forums to create awareness and help prepare in-person and remote participants for the workshop.

SDGs: 

GOAL 1: No Poverty
GOAL 2: Zero Hunger
GOAL 3: Good Health and Well-Being
GOAL 4: Quality Education
GOAL 5: Gender Equality
GOAL 6: Clean Water and Sanitation
GOAL 7: Affordable and Clean Energy
GOAL 8: Decent Work and Economic Growth
GOAL 9: Industry, Innovation and Infrastructure
GOAL 10: Reduced Inequalities
GOAL 11: Sustainable Cities and Communities
GOAL 12: Responsible Production and Consumption
GOAL 13: Climate Action
GOAL 14: Life Below Water
GOAL 15: Life on Land
GOAL 16: Peace, Justice and Strong Institutions
GOAL 17: Partnerships for the Goals