Unlocking Data Sharing Dilemmas: A Comparative Analysis of Business-To-Government Data Sharing Regulations
摘要
The sharing of and access to privately held data by governments is a delicate topic. The idea of business-to-government (B2G) data sharing challenges big tech companies’ data monopolies to redistribute the value of data to governments as a way to benefit society. In the European Union, the topic gained new nuances with the new European Data Strategy, which seeks to push for further data sharing via multiple methods. The same phenomenon can be seen in the United States, where a few regulatory measures have been recently enacted aiming to enhance business-to-government data-sharing rules between companies present in the sharing economy. However, although there are fundamental differences between the European Union and the United States’ data-sharing regulations – especially due to the underlying philosophy behind the idea of data –, it is possible to observe that these manners of regulating B2G data sharing still land the same result: the resistance of privately held data monopolies. Thus, this chapter aims to explore the different forms of regulating B2G data sharing in the EU and US, the pushback from the private sector, and the main results of these methods. Through this paper, we propose not only to proceed with a comparative analysis of the structural choices of these laws but to advance on a holistic analysis of how this comparison can be beneficial to generate structural suggestions for the European Union’s future regulations in the area.