Archive for year: 2023

Consumers who logged into their Facebook account over the past weeks were surprised by a notice informing them that: “You need to make a choice to continue using Facebook. Laws are changing in your region, so we’re introducing a new choice about how we use your info for ads (…)”. Consumers subsequently had to choose between either using Facebook ‘for free’ but with personalised advertising. Or, paying for a monthly subscription without seeing ads when using Meta’s services. What had happened? In short: the European Court of Justice had decided (Case C-252/21, see in particular para 150) that Facebook needed consumers’ consent if it wanted to use their data for its advertising model. If consumers refuse to grant consent, Meta cannot use their data for advertising purposes.

The notice by Facebook, however, immediately caught the attention of data and consumer protection associations and reflected tendencies and tensions in the regulation of the data economy that have been emerging over the past years. First, the tendency of data and consumer protection law to potentially complement each other in protecting consumer data. For example: does the notice by Facebook constitute an aggressive and misleading practice under the Unfair Commercial Practice Directive as it continues to advertise its services as ‘free’ – even though consumers grant access to their data in exchange? Second, is the ‘pay or consent’ model introduced by Facebook putting a price on consumer privacy which is ultimately enabled by consumer law which perceives data as ‘counter-performance’ (i.e. payment) in a contract?

Facebook’s notice thus reflected again why the interaction of consumer and data protection in their approach to the regulation of the data economy is a particularly interesting field of research. Whereas both have the potential of complementing each other in their objective of protecting consumer data, both might potentially contradict each other, in particular, when consumer law facilitates the commodification of personal data which stands in stark contradiction to the fundamental rights rational of European Data Protection Law.

This tension constitutes a main research focus of ESR Onntje Hinrichs. In his recent paper on “Consumer Law as Second Vantage Point for the Protection of Consumer Data – Protecting or Polluting the Privacy Ecosystem?” he precisely analyses how both fields of law might complement as well as contradict each other in the regulation of the data economy. His paper has been published in the and is available on the Journals Website. An abstract of his article is published below:

Creating a coherent regulatory framework for the European data economy constitutes a daunting task when data regulation increasingly touches on different fields of law. Whilst the regulation of data is anchored in European data protection law, it is turning into a key concern for European consumer law. Since individuals who consume goods and services in the digital economy are typically “consumers” and “data subjects” at the same time, authors and policy-makers have identified complementarities between both policy areas over the past decade. Building on these discussions, this article offers a new perspective on how both fields of law interact in their approach to the regulation of consumer data. By drawing parallels with debates that surrounded the uneasy relationship between consumer and environmental policy, it shows how the regulation of consumer data under consumer law not only contributes to the protection but also the pollution of the privacy ecosystem. At the same time, this analogy is used to showcase how existing tensions between both policy areas can be overcome.

On December 07-08, 2023, Barbara Lazarotto attended the Global Data Law Conference Series: Comparative Data Law, a conference that addressed the critical role of data as a central and versatile resource in the 21st century, shaping the competitiveness of economies and societies. Co-organized by the University of Passau Research Centre for Law and Digitalisation (FREDI) and the Max Planck Institute for Innovation and Competition, the conference emphasizes a contextual and decolonial comparative law approach, considering cultural, economic, and infrastructural dimensions of data governance. The event is the final installment of a three-tier conference series on Global Data Law, contributing to a broader research agenda on Global Data Law and policy.

Barbara presented her research titled “Unlocking Data Sharing Dilemmas: A Comparative Analysis of Business-to-Government Data Sharing Laws and the European Data Act Proposal”, a presentation that aimed to explore the delicate balance between sharing and accessing privately held data by governments and the data monopolies held by big tech companies.

Her presentation focused on examining the intricacies of business-to-government data sharing, drawing parallels between the structural choices found in existing United States municipal rules and those outlined in the EU Data Strategy. Barbara explored The Data Act’s proposal of compulsory data-sharing hypotheses for local governments, particularly municipalities, to address the unequal distribution of data benefits. She highlighted the strong resistance from the private sector, mirroring similar debates in the United States where various cities implemented business-to-government data-sharing rules.

Barbara’s presentation also delved into the potential advantages of redistributing data value to society. She emphasized the opportunity to challenge the status quo and break down data monopolies, creating a more equitable system where the benefits derived from privately held data are shared with the broader community. This exploration was identified as crucial for policymakers seeking to strike a balance between fostering innovation and protecting individual privacy.

The conference proceedings will be published by Springer Verlag in the series „MPI Studies on Intellectual Property and Competition Law“ in 2o24.

Barbara’s secondment at Université Paul Sabatier III in Toulouse proved to be an invaluable experience, propelling her research to a multidisciplinary field. This immersive collaboration with experts from the field of data science, allowed Barbara to explore the transformative potential of data commons in fostering open and collaborative data access.

Central to her secondment was a comprehensive case study on the creation of a data commons for electric-powered devices. This hands-on approach enabled Barbara to delve into the intricate details of data governance and data sharing mechanisms, gaining a profound understanding of the challenges and opportunities associated with data commons implementation. The multidisciplinary environment at Université Paul Sabatier III provided Barbara with a unique perspective, exposing her to a wide spectrum of research methodologies and data analysis techniques. This cross-disciplinary exposure enriched her own research, enabling her to expand her focus beyond legal considerations and delve into the data science aspects of data commons.

Barbara’s secondment at Université Paul Sabatier III marked a pivotal moment in her research trajectory. The exposure to diverse perspectives, the hands-on experience with data commons implementation, and the exploration of a multitude of use cases have undoubtedly shaped her understanding of the topic and fueled her passion for advancing the field of data commons research.

The LeADS Partners

Tellu is an SME experiencing significant growth since 2017, going from 5 employees in 2017 currently being 17 employees expecting to be 25 employees end of 2020. Tellu main offering includes TelluCloud an eHealth and welfare integration platform for connectivity, device management, edge computing, data gathering, data processing, and presentation as well as SaaS solutions for remote patient monitoring, video based supervision, and Personnel safety. The platform offers complete management and trustworthy execution and processing across the IoT, edge, and cloud space.

ESR9, Xengie Doan, went to visit Scuola Superiore Sant’Anna (SSSA) Pisa in February and March 2023 under the supervision of Professor Francesca Chiaromonte. They are a statistician who works with biomedical data and other types of data. While the data collected in Xengie’s research is largely qualitative data with a small sample size, it was interesting to explore methods to analyze it and ideate on how it would be different with large data.  This coincided with the Statistical Learning & Large Data, Modules 1 and 2 courses which Xengie attended. Classes covered a large span of methods to cover the overall concepts, then going over examples in R at the end. This would help with code examples for any future analyses. It was very interesting to get insight into different statistical learning and large data methods from an expert in the field.

The industry secondment is at Tellu, where Xengie is currently visiting until November 2023. They have a use case where a patient and their next-of-kin consents to help with some of the responsibilities that traditionally healthcare personnel would do 100% of the time. This is relevant to their topic studying collective consent models. Some activities include reviewing policies or consent forms and documentation to create methods and tools to improve the consent process. Interviews will be then carried out to validate those methods and tools based on feedback from members of the company. As the secondment is still ongoing, insights are still pending but should be shared in a paper next year.

Barbara presented her research titled “The history of datafication and the rise of the concept of smart”, a presentation which aimed to draw the historical roots of datafication, tracing it back to the Industrial Revolution. Throughout her presentation, Barbara unraveled the intricate web of beliefs that have given rise to “technological solutionism” and the phenomenon of “smart governments.”

Barbara began her exploration by tracing the deep historical roots of technological determinism. From the advent of the steam engine to the information age, the belief that technology is the primary driver of innovation and societal progress has been a persistent undercurrent.

The allure of technological solutionism lies in the belief that technology holds the answers to all problems. This worldview, deeply ingrained in contemporary society, has not only influenced individual attitudes but has also permeated governmental structures, paving the way for the rise of “smart governments.”

Barbara highlighted the lack of academic consensus on the precise definition of “smart governments.” However, she explained that the prevailing understanding views it as the utilization of diverse technologies by the public sector. This includes the incorporation of sensors, artificial intelligence, and big data to enhance governmental efficiency. This techno-deterministic outlook presupposes that technology is the primary driver of improved public administration.

In conclusion, Barbara’s presentation challenged the prevailing narrative of technological determinism and its manifestation in smart governments. By advocating for a more holistic approach that recognizes the intertwined nature of technological and socio-technical factors, she urged the audience to reconsider blind faith in technology as the sole driver of progress which can taint potential mechanisms of regulation, which tend to focus on technology as the sole solutions to all problems, disregarding other potential socio-technical solutions.

Barbara’s presentation was also reflected in a paper that will soon be published.