As previously reported multiple times (Digital Sovereignty – Participate! Contribute!, Whitebook Digital Platforms in the Making), the German Federal Government is working on a strategy for digital platforms. The announced Whitebook was published in March 2017. The most important results regarding the assurance of digital sovereignty – the central concern of in4com.de – are summarized below. However: civil society must remain vigilant due to some clear shortcomings of the Whitebook. Furthermore, the secret international negotiations of free trade agreements (above all TiSA – Trade in Services Agreement, we reported on this) are expected to have strong negative impacts on privacy and digital sovereignty.
The Whitebook and Digital Sovereignty
The EU Commission’s proposal for an E-Privacy Regulation is supported in the Whitebook, as it includes communication services via digital platforms in data protection regulation. To secure a modern data economy, data sovereignty is to be established as a guiding principle in data protection: “The guiding principle of data sovereignty places the informational self-determination of the individual over the use of ‘their’ data at the center…”. Of course, a “free flow of data in Europe – the European Data Space” must ensure data protection and data security. The Federal Government plans to incorporate these positions into the ongoing consultation process for the proposal “Building a European Data Economy”, which began on 2017-01-10. However, existing proposals (e.g., within the framework of Industry 4.0) seem to have been largely developed by industrial participants – experience shows that little consideration is given to the digital sovereignty of individuals in such cases. We at in4com.de will closely monitor this development.
For the “desired Europe-wide introduction of the General Data Protection Regulation”, the sovereign handling of their data by individuals (e.g., consumers, users) is to be supported by practical solutions. Important measures mentioned include:
- Anonymization and pseudonymization
- Privacy by design and by default
- Guidelines and standards
- Secure identification
- GTC control as a supplement to data protection in the B2C sector
The participation of citizens in the net-political discourse is to be specifically supported by funds from the Future Investment Fund Digitalization, in order to establish a democratic digital culture. However, from in4com.de’s perspective, it is still completely open what a democratic digital culture should look like. Freedom of expression and hate speech are often not so clearly separable even in public discussion, although their authorship is usually clearly recognizable.
The proposed regulatory policy is to be advanced in five fields of action: Fair competition, creation of a modern data economy, comprehensive expansion of digital infrastructures, securing a democratic digital culture, and the expansion of digital state competence and the strengthening of institutional structures. Important from the perspective of digital sovereignty are
- the implementation of the European General Data Protection Regulation applicable from May 2018,
- incentives for the anonymization and pseudonymization of data,
- introduction of transparency and information obligations for digital platforms.
We must remain vigilant!
With the Whitebook Digital Platforms, a good basis for enforcing fundamental digital rights is provided in Germany (and Europe). However, it should be noted that, for example, in anonymization and pseudonymization, only incentives are mentioned, instead of making clear specifications regarding the properties and use of such procedures. The extension of constitutional rights to the digital presentation of individuals is also not addressed – a discussion as demanded and promoted, for example, in the Digital Charter (https://digitalcharta.eu/) at the EU level. The recognition of the economic value of the data provided by individuals is also unclear. While understandable information about the use of personal data is to be provided, where is the demand to quantify the economic value of the data and to make corresponding consideration enforceable from companies? And why is the possibility of an individual opt-out from data use not enshrined while simultaneously using a service – unfortunately, there are not equivalent alternatives for all digital platforms.
Furthermore, it must be emphasized that the effects of the internationally binding TiSA (Trade in Services Agreement) treaty – should it be signed – could nullify all regulatory efforts for digital platforms aimed at an orderly, socially acceptable digital coexistence. The negotiation results are secret, but the accessible leaks suggest the worst.
Wir alle müssen wachsam bleiben und unsere Rechte in der digitalen Welt verteidigen!
