Facilitating safe data sharing within the private sector is a major economic challenge for governments around the world. Various regulations are therefore emerging to encourage this sharing through different patterns we call “data sharing models”, i.e., for different data, through different modalities and between different stakeholders acting as data holders or data users. GDPR, ePrivacy, DGA, DMA, DSA, Data Act, eIDAS 2.0, PSD2, PSD3, PSR, FIDA, EHDS, etc., European laws progressively establish many different examples of such data sharing models, promising in particular to enhance individual control. But do these models really improve our control over our data, or could this development of data sharing have the opposite effect by increasing already existing data protection issues? The purpose of this chapter is to propose a method to evaluate each data sharing model in terms of how much control it gives to an individual over the sharing of his or her personal data. It will do this by identifying a series of essential elements (“parameters” classified into six “parameters families”) found in most data sharing models and by estimating what degree of control each one can offer. From this list of parameters emerges a “toolbox” that can be used to evaluate the level of individual control in any existing or future data sharing model, thus also permitting comparison between them.

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A Toolkit for Assessing the Level of Data Subjects’ Control in Regulatory Data Sharing Models

  • Alexandre Humain-Lescop

摘要

Facilitating safe data sharing within the private sector is a major economic challenge for governments around the world. Various regulations are therefore emerging to encourage this sharing through different patterns we call “data sharing models”, i.e., for different data, through different modalities and between different stakeholders acting as data holders or data users. GDPR, ePrivacy, DGA, DMA, DSA, Data Act, eIDAS 2.0, PSD2, PSD3, PSR, FIDA, EHDS, etc., European laws progressively establish many different examples of such data sharing models, promising in particular to enhance individual control. But do these models really improve our control over our data, or could this development of data sharing have the opposite effect by increasing already existing data protection issues? The purpose of this chapter is to propose a method to evaluate each data sharing model in terms of how much control it gives to an individual over the sharing of his or her personal data. It will do this by identifying a series of essential elements (“parameters” classified into six “parameters families”) found in most data sharing models and by estimating what degree of control each one can offer. From this list of parameters emerges a “toolbox” that can be used to evaluate the level of individual control in any existing or future data sharing model, thus also permitting comparison between them.