The European Union is attempting to refine its approach to data governance through a new strategy encompassing the Open Data Directive, the Data Act, and the Free Flow of Non-Personal Data. However, feedback from Europeans reveals persistent concerns about the bloc’s flagship privacy law – the General Data Protection Regulation (GDPR) – suggesting it may be hindering progress toward a thriving data economy.
Recent responses to a European Commission consultation offer valuable insights into how Europeans perceive these interconnected policies. While the consultation primarily focused on Open Data and the Data Act, a substantial number of participants pointed towards the need for GDPR review. This highlights a potential disconnect between the EU’s ambition for a dynamic data sector and the practical realities faced by businesses operating under stringent privacy regulations.
The Commission received feedback through two distinct channels: a more open “Call for Evidence” and a structured questionnaire. Significantly, more individuals and organizations (247) opted for the free-form Call for Evidence compared to the controlled questionnaire (171), possibly reflecting frustration with limited space for detailed critique within the latter format. This disparity raises questions about whether the Commission adequately incorporates feedback generated outside its formal channels.
Geographical patterns in responses also emerged. Western European nations, particularly Germany, Belgium, and France, dominated participation in both channels, mirroring their historical engagement in EU policymaking processes. In contrast, Eastern and Central European countries remained largely absent from the discussions, potentially indicating a lack of awareness or perceived influence over data strategy development.
While the GDPR wasn’t the central theme of the consultation, a striking 27% of respondents explicitly called for its inclusion in future legislative consolidation efforts. This sentiment stems from widespread belief that overly broad interpretations of “personal data” under the GDPR impede the use of non-sensitive data crucial for innovation, particularly in fields like artificial intelligence (AI).
Respondents repeatedly stressed the need to reconcile data protection with AI development. They highlighted inconsistencies in data protection authority enforcement across member states and pointed to the “kiss of death” effect where overly broad interpretations of personal data stifle potentially beneficial applications. Simplifying GDPR compliance was also flagged as a pressing issue, but fundamentally addressing the law’s scope and implementation appears crucial for unlocking Europe’s data potential.
The EU faces a critical juncture. Its ambitious data strategy needs public trust and participation to succeed. Addressing these concerns around the GDPR, fostering inclusivity in consultations, and ensuring consistent application of data regulations across member states are essential steps toward building a truly European data economy.
