Nordisk konferanse i rettsinformatikk - Data Sharing and the Data Economy: Aspirations and Legal Realities
The goal of the conference is to examine aspects of European regulatory policy that critically impact upon data sharing and data economy initiatives. In particular, the conference seeks to cast light on the extent to which these initiatives are supported by the European legal framework. This is an essential step along the path to improving, if necessary, the fit between the law on the one hand and the ideals of data sharing and data economy on the other.
Reducing proprietary and other legal ‘fences’ around data so that the data may better be shared and exploited by a wide range of entities has become a major concern for many organizations. It is a concern that has given rise to numerous policy and regulatory initiatives. Many such initiatives have an overt economic rationale; they are aimed at enhancing the ability of multiple entities to leverage economic profit from exploitation of shared data resources.
The European Commission’s recent Communication on ‘Building a European Data Economy’ (COM(2017) 9 final), along with other Commission strategies aimed at realizing the Digital Single Market, are key examples in point. Other initiatives are motivated less overtly by economic factors. For instance, data sharing is emerging as an ideal and, indeed, requirement in many fields of scientific research, with the primary aim of enhancing the quality and utility of research output. An example here is the data-sharing policy of the International Committee of Medical Journal Editors (ICMJE), published in New England Journal of Medicine, 28 January 2016.
Nonetheless, while economic concerns tend not to dominate the data-sharing drive of the research community, they are not entirely absent, and the efforts of the research community are often seen by governments and businesses as providing key assets for commercial exploitation. Thus, while scientific data-sharing is far from fully commensurate with data economy initiatives, there exist significant parallels and links between them.