Legislative Strategies for Enhanced Data Empowerment in the EU:Challenges,Measures and Implications
The potential value of data is becoming increasingly prominent.Beyond the aspects of data security and privacy protection,enhancing data circulation,utilization and empowerment in data governance has become a focal point of policy discussion.Academia has been proposing various legal strategies for data empowerment,but a consensus is yet to be formed.The effectiveness of data empowerment of a jurisdiction is crucial to the vitality of its digital economy and its global competitiveness in the digital era,warranting careful consideration.The EU's recent legislation on data governance demonstrates several prominent features while it tackles key challenges in data empowerment,such as reconciling divergent values,choosing strategies to promote data access,and addressing imbalances in the data interest landscape.In response,the EU released the European Data Strategy in 2020 and subsequently introduced two pivotal data legislations:the Data Governance Act and the Data Act.These legislations aim to explore data potential and unlock data value,introducing a series of new rules for data regulation.The EU adopts various innovative rules such as providing scenario-based data utilization mechanisms,building a data trust support system,and creating mechanisms to balance data interests,in order to address long-standing obstacles to data empowerment and governance dilemma.Drawing from the EU's experience,it is advisable for China to establish a comprehensive data governance framework,in order to overcome the weaknesses and difficulties of current system in data utilization,to push for a paradigm shift in data governance,to adhere to a human-centered approach,and to foster a culture of shared data benefits.
data empowermentData Governance ActData ActEuropean Union