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.

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.