{"id":11444,"date":"2023-05-23T12:24:56","date_gmt":"2023-05-23T11:24:56","guid":{"rendered":"https:\/\/www.gsma.com\/about-us\/regions\/europe\/?p=11444"},"modified":"2024-05-29T14:43:10","modified_gmt":"2024-05-29T13:43:10","slug":"joint-statement-access-to-data-by-public-bodies","status":"publish","type":"post","link":"https:\/\/www.gsma.com\/about-us\/regions\/europe\/news\/joint-statement-access-to-data-by-public-bodies\/","title":{"rendered":"Joint statement | Access to data by public bodies: a double-edge tool to use with caution and restraint"},"content":{"rendered":"Download <\/a><\/span>\n

In times of crisis, companies stand ready to do their part and help public bodies by sharing data to tackle public emergencies, as evidenced during the Covid-19 pandemic. However, to function, mandatory data sharing between private companies and governments needs clear and transparent conditions for all parties involved.<\/p>\n

Chapter V of the Data Act proposal was developed on this basis, setting an obligation for companies to make any data available to public bodies, but does so by loosely referring to various cases of \u2018exceptional need.\u2019 The proposed framework includes collecting data to prevent, respond to, and recover from a public emergency but also fulfilling one of the public sector body\u2019s tasks where the lack of data would prevent it from doing so [1]. The latter can be interpreted as any activity carried out by a public institution.<\/p>\n

The proposed rules would mean that\u00a0any public body, at the EU, national, regional, or local level, could request any type of data, including personal data, from any data holder\u00a0<\/strong>[2] for any reason. We believe these rules do not respect the requirements set out in the EU\u2019s Charter of Fundamental Rights. With such a broad scope, there is a risk that personal or sensitive data will be leaked or misused.<\/p>\n

Public emergencies are by nature time sensitive. They require a clear and structured legal framework to prepare for secure transfers that fully respect data protection. However, contrary to other parts of the Data Act, Chapter V covers any type of data, without any differentiation, limitation, or exception [3]. The data\u2019s intended use and its duration are also left to be defined by the public bodies themselves. The proposal also fails to recognise existing frameworks for data sharing and reporting obligations.<\/p>\n

We strongly encourage Council and Parliament to implement the necessary safeguards and limits to protect the rule of law in Europe.<\/strong>\u00a0We welcome the Parliament\u2019s attempts to set certain limits, such as restricting Chapter V to non-personal data, limiting public authorities\u2019 power to freely ask for data when it is simply convenient and regardless of proportionality, and by setting rules for certain information to be specified in the requests. But this will not be enough.<\/p>\n

We recommend \u2013 at least \u2013 the following:<\/strong><\/p>\n