Towards a Holistic Regulatory Approach for the European Data Economy : Why the Illusive Notion of Non-Personal Data is Counterproductive to Data Innovation

The European Data Economy initiative is built on the belief that the current regulatory environment is not adequate in order to unleash the potential of such data-driven economy. The initiative focuses on so-called ‘non-personal data' as a way to complement data protection rules that regulate the processing of personal data. The article illustrates that the notion of non-personal data as starting point for new data innovation policies is counterproductive for three fundamental reasons: (1) datasets are often mixed and the boundaries of personal data are too fluid to act as regulatory anchor; (2) two separate regimes applicable to opaque datasets might lead to strategic behavior of firms exploiting regulatory rivalry; (3) data has economic value irrespective of its legal classification, and there is no evidence that an elusive zone of non-personal data is more essential as innovation input. We argue that a holistic approach to ‘data' as such, which a priori incorporates data protection considerations in its design is more likely to deliver successful innovation policy

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Year of publication:	2019
Authors:	Graef, Inge
Other Persons:	Gellert, Raphael (contributor) ; Husovec, Martin (contributor)
Publisher:	[2019]: [S.l.] : SSRN

Extent:	1 Online-Ressource (18 p)
Series:	TILEC Discussion Paper ; No. 2018-029
Type of publication:	Book / Working Paper
Language:	English
Notes:	Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments September 27, 2018 erstellt
Other identifiers:	10.2139/ssrn.3256189 [DOI]
Classification:	K11 - Property Law ; K20 - Regulation and Business Law. General ; L43 - Legal Monopolies and Regulation or Deregulation ; O34 - Intellectual Property Rights: National and International Issues ; O38 - Government Policy
Source:	ECONIS - Online Catalogue of the ZBW

Persistent link: https://ebvufind01.dmz1.zbw.eu/10012898010