PSI Alliance
Representing PSI and open data resuers, particularly around the access and reuse of government information
ID: 676222346348-36
Lobbying Activity
Response to Implementing act on a list of High-Value Datasets
20 Jun 2022
Full opinion attached...
PSI Alliance would like to thank you for the opportunity to comment on the Implementing Act laying down a list of specific High-Value DataSets (HVDS) and the arrangements for their publication and re-use.The present draft is unfortunately a disappointment for many re-users who expected new opportunities due to the 2019 Directive.
About Article 4 (4)
Indeed, the objective of a Union-wide list of datasets for the creation of cross-border data applications and services, as formulated in recitals 68 and 70, is deeply undermined by Article 4 (4).
Allowing public authorities to impose further restrictions based on data protection concerns opens a Pandora's box for virtually all datasets, while being unnecessary since GDPR is in any case always applicable to the re-use of personal data contained in public information, which is why GDPR article 86 provides that “personal data in official documents […] may be disclosed […] in order to reconcile public access to official documents with the right to the protection of personal data”.
Moreover, the interpretation of what is meant by “personal data” is constantly being expanded through technical progress and case law. Of the categories listed in the annex to the directive, not only company data, but also mobility data, geo-spatial data and earth observation and environment data can contain personal data and could therefore see their re-use scope unduly limited by local public bodies.
This position is corroborated by the opinion of the European Data Protection Supervisor on Directive 1024/2019, where reference is made to the fact that the term "personal data" is constantly being broadened and also includes IOT data. The following passage from the opinion is indicative of the continued approach of the European Commission :
Since ensuring the free flow of personal data is one of the objectives of EU data protection law, the EDPS considers that -rather than (trying to) define a kind of ‘facilitated highway’ for ‘non personal’ data- the legislator should better address stakeholder concerns related to the necessary protection of personal data, especially in sensitive sectors such as the health sector, when they take the decision on the reuse of PSI.
The Article 29 Working Party already proposed in 2013 in the opinion on Directive 2013/37/EU that data protection impact assessments should be carried out in the context of the release of personal PSI documents. The responsibility for this lies with the legislator who releases the data. In the case of High Value Datasets, the responsibility lies with the European Commission as the legislator for the implementing act.
With the draft implementing act now presented, the fears have unfortunately come true. The risk that this Pandora’s box will be used by public bodies to restrict the scope of availability of High-Value DataSets is extremely high since Article 4 (4) does not contain any conditions, safeguards or limits to the restrictions that will therefore be added on a purely discretionary basis.
About Company Ownership data
The lecture of Recital 10 of the proposed Implementing Act in conjunction with point 5 of the Annex and the 5th Money Laundering Directive adds even more doubts that High-Value DataSets will have any impact on the Digital Single Markets.
Indeed, the Money Laundering Directive specifies in Article 30(5)(c) that beneficial ownership information must be available to all members of the public. The minimum information to be accessible for any member of the general public is the name, month and year of birth, country of residence and nationality of the beneficial owner, and nature and extent of the beneficial interest.
The Implementing Act can even be considered a setback compared with the PSI Directive 2003/98/EC, because Directive 2013/37/EU already provided that accessible data must be released.
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