miércoles, 13 de septiembre de 2017

The rising importance of free flow of data (II): How to

So data is important for growth and employment, and it is also important to promote the free flow of data in order  enable the sharing and aggregation of data  needed for the new services and products. Data and its free flow would also help for increasing the social well being through a new generation of health services and the digitalisation of government services. Therefore, it is needed to deploy the mesaures to tear down the barriers that stop the circulation of data between jurisdictions.

The European Commission is focusing on the supression of the restrictions on data localisation across the Union. The general idea is that there are unjustified legal restrictions on where the data could be stored and that these restrictions are different in each different Member State, so there is a need of a legal instrument to harmonized these restrictions. It is difficult to oppose these rationale. However, exceptions on the free flow of some kind of data is needed to be introduced. For instance, for national security reasons or maybe even taxation information.

But in spite of what many people looks to think, the elimination to localisation restrictions should be accompanied by other measures. Because the most important thing are enabling trust among the parties who intervene in the data economy and facilitate equal opportunities for all to jump on the data economy wagon. For enabling trust, on one hand, there is a need of cibersecurity standards on data storage and, in the other hand, a legal framework that defines who has the right to use, share and reuse data and under which conditions.

But we also need to establish a level playing field with the above mentioned conditions. It should be prevented that data could be used as a tool for unfair competition. We can oblige all to share data but there should be transparency on the conditions each one establishes and these conditions should be universally applied without discriminations. Also some kind of data should perhaps be universally made availaible, for instance, those generated around public and general interest services.

So, although supressing the restrictions for data localisation is important, it is difficult to imagine that data economy could flourish without accepted security standards for its storage and clear and fair conditions on the access, use and reuse of data. Free flow of data would never happened without all these things puting on the table at the same time.

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