Forum sur l'information et la démocratie
Forum ID
Le Forum sur l’information et la démocratie est l’entité de mise en œuvre du Partenariat pour l’information et la démocratie, un accord intergouvernemental endossé à ce jour par 54 pays engagés à promouvoir et à mettre en œuvre des garanties démocratiques dans l’espace global de l’information et de la communication.
ID: 930272650481-72
Lobbying Activity
Response to Delegated Regulation on data access provided for in the Digital Services Act
4 Dec 2024
The European Digital Services Act is currently the only legislation worldwide requiring very large online platforms and very large online search engines to provide access to their data to vetted researchers to conduct research which contributes to the detection, identification and understanding of systemic risks in the European Union. The interpretation and application of its Article 40.4 will thus set a worldwide signal and impact the power balance between big tech and the publics interest. It will define to what extent researchers will be able to study the systemic risks these platforms pose. The European Commission published a draft delegated regulation on data access which further defines the technical conditions and procedures to share data with researchers on 29 October 2024. In the framework of the current feedback period, we the undersigned civil society organizations and researchers call upon the Commission to ensure that the delegated regulation - recognises that it is setting a global example for researcher access - provides for access to data for non-EU vetted researchers and to non-EU data to counter current data access and research gaps and inequalities. Notably, platforms have been reducing researchers access to data, such as the recent closure of Crowdtangle. The DSA provisions are a unique opportunity to counter this trend and increase global equity. This is vital to properly understand and study the systemic risks in the Union which can be impacted by trends in other regions and countries. - ensure that when determining the data access modalities confidential information and trade secrets do not prevail over the public interest. Therefore, to ensure a common interpretation of trade secrets by the Digital Services Coordinators, the delegated act should provide a clear definition of when trade secrets can be evoked to justify an exemption from disclosure of data. - ensure that the interests of the principal researcher are taken into account in the entire access request procedure notably in guaranteeing that the principal researcher has the opportunity to submit an amendment request to account for the evolving nature of research projects and can provide their position on any amendment request of the data provider and during the mediation process to settle disputes between the DSC and the data provider. - ensure a clear and unique interpretation of what it means that a researcher is independent from commercial interests to facilitate access and ensure an easy, accessible and fast vetting process for researchers. - provide for transparency and accountability of reasoned requests by publishing successful and rejected requests in the Data Access Portal - provides for access to conduct controlled experiments, including but not limited to A/B testing, ensuring that not only private companies can study the effects of changes to algorithms and user interfaces on democracy and human rights, but that also public interest researchers can conduct these urgently needed evaluations.
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