Activities of Sergey LAGODINSKY related to 2020/2217(INI)
Shadow opinions (1)
OPINION on a European strategy for data
Legal basis opinions (0)
Amendments (46)
Amendment 1 #
Draft opinion
Recital A (new)
Recital A (new)
A. whereas ‘personal data’ means any information relating to an identified or identifiable natural person; whereas an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.1a _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), Article 4(1).
Amendment 1 #
Draft opinion
Recital A (new)
Recital A (new)
A. whereas ‘personal data’ means any information relating to an identified or identifiable natural person; whereas an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.1a _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), Article 4(1).
Amendment 2 #
Draft opinion
Recital B (new)
Recital B (new)
Amendment 2 #
Draft opinion
Recital B (new)
Recital B (new)
Amendment 3 #
Draft opinion
Recital C (new)
Recital C (new)
C. whereas data sets can be composed of both personal and non-personal data; whereas where personal and non- personal data in a data set are inextricably linked, Regulation (EU) 2016/679 applies.1a _________________ 1aRegulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union, Article 2(2).
Amendment 3 #
Draft opinion
Recital C (new)
Recital C (new)
C. whereas data sets can be composed of both personal and non-personal data; whereas where personal and non- personal data in a data set are inextricably linked, Regulation (EU) 2016/679 applies.1a _________________ 1aRegulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union, Article 2(2).
Amendment 7 #
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; stresses that the creation of a single European data space is key to ensuring the EU’s global competitiveness, digital sovereignty and economic prosperity;
Amendment 7 #
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; stresses that the creation of a single European data space is key to ensuring the EU’s global competitiveness, digital sovereignty and economic prosperity;
Amendment 9 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU approach to digitalisation should be human-centred, value-oriented and based on the concept of the social market economy that addresses environment and climate challenges, and that respects human rights and democracy; underlines that choosing a third patEuropean approach to digitalisation should not mean that the EU becomes protectionist; stresses, therefore, that every non-EU player should still be welcome to operate in the single European data space as long as they meet the EU’s ethical, technological, privacy and security standards and regulations; stresses that the EU should strive to work closely with third partners in view of establishing safe cooperation spaces at international level;
Amendment 9 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU approach to digitalisation should be human-centred, value-oriented and based on the concept of the social market economy that addresses environment and climate challenges, and that respects human rights and democracy; underlines that choosing a third patEuropean approach to digitalisation should not mean that the EU becomes protectionist; stresses, therefore, that every non-EU player should still be welcome to operate in the single European data space as long as they meet the EU’s ethical, technological, privacy and security standards and regulations; stresses that the EU should strive to work closely with third partners in view of establishing safe cooperation spaces at international level;
Amendment 29 #
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that the new strategy should be implemented by means of a principle-based and innovation-friendly EU legal framework, which should be proportionate and avoid unnecessary legal and administrative burdens for research, civil society, small to medium-sized enterprises (SMEs) and start-ups, and should be combined with concrete measures, guidance, private- public codes of conduct and programmes, strong investments, and, if necessary, new sector-specific lawslegal flexibilities and new sector-specific laws, while also allowing society to benefit, notably by involving civil society in the implementation and governance, and by allowing access to the data spaces also for projects with a civic tech interest;
Amendment 29 #
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that the new strategy should be implemented by means of a principle-based and innovation-friendly EU legal framework, which should be proportionate and avoid unnecessary legal and administrative burdens for research, civil society, small to medium-sized enterprises (SMEs) and start-ups, and should be combined with concrete measures, guidance, private- public codes of conduct and programmes, strong investments, and, if necessary, new sector-specific lawslegal flexibilities and new sector-specific laws, while also allowing society to benefit, notably by involving civil society in the implementation and governance, and by allowing access to the data spaces also for projects with a civic tech interest;
Amendment 35 #
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission, prior to any initiatives, to perform an in-depth evaluation and mapping of the existing legislation to assess whether adjustments or additional requirements are needed to support the EU data industry, but also the open data economy, as well as the projected ecological footprint resulting from the technology and regulations, and safeguard fair competition for all affected actors and to avoid legal overlaps with potential upcoming legislation to implement the Data Strategy;
Amendment 35 #
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission, prior to any initiatives, to perform an in-depth evaluation and mapping of the existing legislation to assess whether adjustments or additional requirements are needed to support the EU data industry, but also the open data economy, as well as the projected ecological footprint resulting from the technology and regulations, and safeguard fair competition for all affected actors and to avoid legal overlaps with potential upcoming legislation to implement the Data Strategy;
Amendment 41 #
Draft opinion
Subheading 3
Subheading 3
Data access, data sharing and rights to data
Amendment 41 #
Draft opinion
Subheading 3
Subheading 3
Data access, data sharing and rights to data
Amendment 44 #
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the key importance of fostering access to, including cross-border access, to non-personal data for EU research, businesses, especially for SMEs and start-ups, and civil society; considers that voluntary data sharing between businessestakeholders based on fair and transparent contractual arrangements, notably triggered by incentives in the form of subsidies and tax breaks, would help to achieve this goal;
Amendment 44 #
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the key importance of fostering access to, including cross-border access, to non-personal data for EU research, businesses, especially for SMEs and start-ups, and civil society; considers that voluntary data sharing between businessestakeholders based on fair and transparent contractual arrangements, notably triggered by incentives in the form of subsidies and tax breaks, would help to achieve this goal;
Amendment 49 #
Draft opinion
Paragraph 6
Paragraph 6
6. States that fair, simple, intelligible, secure, interoperable and affordable voluntary non-personal data sharing agreements between companies from the same supply chain and different sectors, that either monetise the participation of non-personal data providers or enable ‘give and take’ schemes, willshould further accelerate the development of the EU data economy; recalls that any data exchanges can only take place in accordance with the legal framework applicable to data protection and to the fundamental rights of data providers; considers that due diligence standards and obligations of undertakings should be promoted throughout the value chain of data production and sharing, but also of data storage;
Amendment 49 #
Draft opinion
Paragraph 6
Paragraph 6
6. States that fair, simple, intelligible, secure, interoperable and affordable voluntary non-personal data sharing agreements between companies from the same supply chain and different sectors, that either monetise the participation of non-personal data providers or enable ‘give and take’ schemes, willshould further accelerate the development of the EU data economy; recalls that any data exchanges can only take place in accordance with the legal framework applicable to data protection and to the fundamental rights of data providers; considers that due diligence standards and obligations of undertakings should be promoted throughout the value chain of data production and sharing, but also of data storage;
Amendment 54 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess the possibility of defining fair contractual conditions with the aim of addressing imbalances in market power; underlines that a single European data space will require companiestakeholders to be allowed to closely cooperate with each other, and therefore considers that safe harbours and blocks well as exemptions onin view of fostering access and cooperation for data sharing and pooling, for private and public purposes, as well as more guidance for businesses on competition law matters from the Commission, are needed; recalls the importance of regulating the open data economy, on the basis of Directive 2019/1024 on open data and the re-use of public sector information;
Amendment 54 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess the possibility of defining fair contractual conditions with the aim of addressing imbalances in market power; underlines that a single European data space will require companiestakeholders to be allowed to closely cooperate with each other, and therefore considers that safe harbours and blocks well as exemptions onin view of fostering access and cooperation for data sharing and pooling, for private and public purposes, as well as more guidance for businesses on competition law matters from the Commission, are needed; recalls the importance of regulating the open data economy, on the basis of Directive 2019/1024 on open data and the re-use of public sector information;
Amendment 63 #
Draft opinion
Paragraph 8
Paragraph 8
8. Recommends further strengthening interoperability and establishing consensus-based, industry-led common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner; considers that such standards should be developed in consultation with civil society stakeholders, under the umbrella of international non-for-profit fora;
Amendment 63 #
Draft opinion
Paragraph 8
Paragraph 8
8. Recommends further strengthening interoperability and establishing consensus-based, industry-led common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner; considers that such standards should be developed in consultation with civil society stakeholders, under the umbrella of international non-for-profit fora;
Amendment 68 #
Draft opinion
Paragraph 9
Paragraph 9
9. Declares that a distinction between the legal regimes concerning personal and non-personal data is essential, as not sharing any commercial datasets igoverned by the framework of GDPR and the e-Privacy Directive; warns often the only option for businesses due to the complexity of the existing rules and the great legalpotential for misuse where highly sensitive personal data such as the special categories of data uncdertainty as to whether personal data is sufficiently depersonalised; notes that this distinction may be difficult to draw in practice given the existence of mixed Article 9 of the GDPR, or electronic communications content and metadata in the scope of the ePrivacy Directive, are concerned; Stresses that in line with the GDPR principle of purpose limitation, the sharing of data shall be limited to non- personal, e.g. industrial or commercial data, for which specific rules and approaches should be introduced; believes that models that focus on anonymisation, which requires a clear legal base and a list of criteria, and other technical ways of ensuring privacy must be encouraged, such as the shift from the sharing of data to the sharing ofsecurely and effectively anonymized personal data, including in mixed data sets; believes that the Commission should promote further research into anonymisation techniques and encourage their uptake. Such techniques include shifting from the sharing of data to the sharing of computation, while ensuring no personal data, or data allowing for the reconstruction of personal information, are shared with the computation results, application programming interfaces (APIs), synthetic data and data sandboxes; to abstract the access to personal-data without sharing it, synthetic data that provide the characteristics of a complete data set without containing real personal data and data sandboxes that work on separate databases without containing real personal data;
Amendment 68 #
Draft opinion
Paragraph 9
Paragraph 9
9. Declares that a distinction between the legal regimes concerning personal and non-personal data is essential, as not sharing any commercial datasets igoverned by the framework of GDPR and the e-Privacy Directive; warns often the only option for businesses due to the complexity of the existing rules and the great legalpotential for misuse where highly sensitive personal data such as the special categories of data uncdertainty as to whether personal data is sufficiently depersonalised; notes that this distinction may be difficult to draw in practice given the existence of mixed Article 9 of the GDPR, or electronic communications content and metadata in the scope of the ePrivacy Directive, are concerned; Stresses that in line with the GDPR principle of purpose limitation, the sharing of data shall be limited to non- personal, e.g. industrial or commercial data, for which specific rules and approaches should be introduced; believes that models that focus on anonymisation, which requires a clear legal base and a list of criteria, and other technical ways of ensuring privacy must be encouraged, such as the shift from the sharing of data to the sharing ofsecurely and effectively anonymized personal data, including in mixed data sets; believes that the Commission should promote further research into anonymisation techniques and encourage their uptake. Such techniques include shifting from the sharing of data to the sharing of computation, while ensuring no personal data, or data allowing for the reconstruction of personal information, are shared with the computation results, application programming interfaces (APIs), synthetic data and data sandboxes; to abstract the access to personal-data without sharing it, synthetic data that provide the characteristics of a complete data set without containing real personal data and data sandboxes that work on separate databases without containing real personal data;
Amendment 71 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that the GDPR recognises that data protection does not apply to anonymous information, which it refers to as information that does not relate to an identified or identifiable natural person or as personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable; recognizes that the GDPR does not therefore concern the processing of such anonymous information, including for statistical or research purposes; furthermore recalls that Article 89(1) of the GDPR mandates that data be anonymized where personal data are no longer otherwise needed to fulfil the purpose;
Amendment 71 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that the GDPR recognises that data protection does not apply to anonymous information, which it refers to as information that does not relate to an identified or identifiable natural person or as personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable; recognizes that the GDPR does not therefore concern the processing of such anonymous information, including for statistical or research purposes; furthermore recalls that Article 89(1) of the GDPR mandates that data be anonymized where personal data are no longer otherwise needed to fulfil the purpose;
Amendment 74 #
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses that implementing and enforcing the proposed new framework on trustworthy data governance requires access to code and data by competent authorities and, in case of certain high- risk technologies such as applications used by government authorities on citizens, by the public; considers that Intellectual Property Rights shall not obstruct such access;
Amendment 74 #
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses that implementing and enforcing the proposed new framework on trustworthy data governance requires access to code and data by competent authorities and, in case of certain high- risk technologies such as applications used by government authorities on citizens, by the public; considers that Intellectual Property Rights shall not obstruct such access;
Amendment 75 #
Draft opinion
Paragraph 10
Paragraph 10
10. Emphasises the importance of clarifying the contractual and other rights of individuals and businesses who contribute to the creation of data using machines or other devices, while taking due account of the ability of the free software community to legally use data and produce software for the general public, without automatically becoming subject to obligations designed for businesses producing and using data in a professional capacity ;
Amendment 75 #
Draft opinion
Paragraph 10
Paragraph 10
10. Emphasises the importance of clarifying the contractual and other rights of individuals and businesses who contribute to the creation of data using machines or other devices, while taking due account of the ability of the free software community to legally use data and produce software for the general public, without automatically becoming subject to obligations designed for businesses producing and using data in a professional capacity ;
Amendment 82 #
Draft opinion
Paragraph 11
Paragraph 11
11. Believes that the existing liability principles and technology-neutral liability rules are already fit for the digital economy and most emerging technologies; states that there are nevertheless some cases, such as those concerning operators of AI systems, as well as AI or non AI-caused damages based on deficiencies or inaccuracy of data sets, where new liability rules are necessary to provide the affected persons with adequate compensation;
Amendment 82 #
Draft opinion
Paragraph 11
Paragraph 11
11. Believes that the existing liability principles and technology-neutral liability rules are already fit for the digital economy and most emerging technologies; states that there are nevertheless some cases, such as those concerning operators of AI systems, as well as AI or non AI-caused damages based on deficiencies or inaccuracy of data sets, where new liability rules are necessary to provide the affected persons with adequate compensation;
Amendment 87 #
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises the need for traceable and publicly available training data for algorithms; Considers that in areas such as health, liability must ultimately lie with a natural or legal person;
Amendment 87 #
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises the need for traceable and publicly available training data for algorithms; Considers that in areas such as health, liability must ultimately lie with a natural or legal person;
Amendment 90 #
Draft opinion
Paragraph 12
Paragraph 12
12. Stresses that the implementation of the European Data Strategy must strike a balance between promoting the wider use and sharing of data and protecting intellectual property rights (IPR), privacy and trade secrets, but also fundamental rights such as privacy;
Amendment 90 #
Draft opinion
Paragraph 12
Paragraph 12
12. Stresses that the implementation of the European Data Strategy must strike a balance between promoting the wider use and sharing of data and protecting intellectual property rights (IPR), privacy and trade secrets, but also fundamental rights such as privacy;
Amendment 93 #
13. Is of the belief that given the key importance of the data-driven digital economy does not require major changes toworldwide, the existing EU IPR framework should not hamper innovation and thus notes that the Commission should carefully assess what legal adjustments are really necessary; reminds that according to the first evaluation of the Database Directive, the introduction of a new “sui generis right” has led to a decrease in the production of European produced databases; welcomes, in this regard, the Commission’s intention to revise the Database Directive and clarify the application of the Trade Secrets Directive;
Amendment 93 #
13. Is of the belief that given the key importance of the data-driven digital economy does not require major changes toworldwide, the existing EU IPR framework should not hamper innovation and thus notes that the Commission should carefully assess what legal adjustments are really necessary; reminds that according to the first evaluation of the Database Directive, the introduction of a new “sui generis right” has led to a decrease in the production of European produced databases; welcomes, in this regard, the Commission’s intention to revise the Database Directive and clarify the application of the Trade Secrets Directive;
Amendment 97 #
13a. Emphasises the need to address remaining uncertainties related to the legal performance of text and data mining that data users and developers of AI may still face following the adoption of Directive (EU) 2019/790; calls on the Commission to issue guidance on how reserving the rights, other than by machine readable means, shall be made publicly available for all in a centralised way;
Amendment 97 #
13a. Emphasises the need to address remaining uncertainties related to the legal performance of text and data mining that data users and developers of AI may still face following the adoption of Directive (EU) 2019/790; calls on the Commission to issue guidance on how reserving the rights, other than by machine readable means, shall be made publicly available for all in a centralised way;
Amendment 99 #
Draft opinion
Subheading 6
Subheading 6
Jurisdiction, applicable law and procedural law
Amendment 99 #
Draft opinion
Subheading 6
Subheading 6
Jurisdiction, applicable law and procedural law
Amendment 100 #
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that the lawful use, access to or sharing of non-personal data in one Member State should have a cross-border effect, in view of accelerating the development of innovative data spaces within the EU able to compete worldwide; believes that such ‘mutual recognition’ of legal flexibilities can ensure legal certainty for EU innovators, including SMEs and start-ups;
Amendment 100 #
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that the lawful use, access to or sharing of non-personal data in one Member State should have a cross-border effect, in view of accelerating the development of innovative data spaces within the EU able to compete worldwide; believes that such ‘mutual recognition’ of legal flexibilities can ensure legal certainty for EU innovators, including SMEs and start-ups;