Some good movement on EU data legislation this month! I’ve been keeping track of EU data and digital legislation in the past three years. In 2020 I helped determine the content of what has become the High Value Data implementing regulation (my focus was on earth observation, environmental and meteorological data), and since then for the Dutch government I’ve been involved in translating the incoming legislation to implementing steps and opportunities for Dutch government geo-data holders.
AI Act
The AI Act stipulates what types of algorithmic applications are allowed on the European market under which conditions. A few things are banned, the rest of the provisions are tied to a risk assessment. Higher risk applications carry heavier responsibilities and obligations for market entry. It’s a CE marking for these applications, with responsibilities for producers, distributors, users, and users of output of usage.
The Commission proposed the AI Act in april 2021, the Council responded with its version in December 2022.
Two weeks ago the European Parliament approved in plenary its version of the AI Act.
In my reading the EP both strengthens and weakens the original proposal. It strengthens it by restricting certain types of uses further than the original proposal, and adds foundational models to its scope.
It also adds a definition of what is considered AI in the context of this law. This in itself is logical as, originally the proposal did not try to define that other than listing technologies in an annex that were deemed in scope. However while adding that definition, they removed the annex. That, I think weakens the AI Act and will make future enforcement much slower and harder. Because now everything will depend on the interpretation of the definition, meaning it will be a key point of contention before the courts (‘my product is out of scope!’). Whereas by having both the definition and the annex, the legislative specifically states which things it considers in scope of the definition at the very least. As the Annex would be periodically updated, it would also remain future proof.
With the stated positions of the Council and Parliament the trilogue can now start to negotiate the final text which then needs to be approved by both Council and Parliament again.
All in all this looks like the AI Act will be finished and in force before the end of year, and will be applied by 2025.
Data Act
The Data Act is one of the building blocks of the EU Data Strategy (the others being the Data Governance Act, applied from September, the Open Data Directive, in force since mid 2021, and the implementing regulation High Value Data which the public sector must comply with by spring 2024). The Data Act contains several interesting proposals. One is requiring connected devices to not only allow users access to the (real time) data they create (think thermostats, solar panel transformers, sensors etc.), as well as allowing users to share that data with third parties. You can think of this as ‘PSD2-for-everything’. PSD2 says that banks must enable you to share your banking data with third parties (meaning you can manage your account at Bank A with the mobile app of Bank B, can connect your book keeping software etc.). The Data Act extends this to ‘everything’ that is connected. Another interesting component is that it allows public sector bodies in case of emergencies (floods e.g.) to require certain data from private sector parties, across borders. The Dutch government heavily opposed this so I am interested in seeing what the final formulation of this part is in the Act. Other provisions make it easier for people to switch platform services (e.g. cloud providers), and create space for the European Commission to set, let develop, adopt or mandate certain data standards across sectors. That last element is of relevance to the shaping of the single market for data, aka the European common data space(s), and here too I look forward to reading the final formulation.
With the Council of the European Union and the European Parliament having reached a common text, what rests is final approval by both bodies. This should be concluded under the Spanish presidency that starts this weekend, and the Data Act will then enter into force sometime this fall, with a grace period of some 18 months or so until sometime in 2025.
There’s more this month: ITS Directive
The Intelligent Transport Systems Directive (ITS Directive) was originally created in 2010, to ensure data availability about traffic conditions etc. for e.g. (multi-modal) planning purposes. In the Netherlands for instance real-time information about traffic intensity is available in this context. The Commmission proposed to revise the ITS Directive late 2021 to take into account technological developments and things like automated mobility and on-demand mobility systems. This month the Council and European Parliament agreed a common text on the new ITS Directive. I look forward to close reading the final text, also on its connections to the Data Act above, and its potential in the context of the European mobility data space. Between the Data Act and the ITS Directive I’m also interested in the position of in-car data. Our cars increasinly are mobile sensor platforms, to which the owner/driver has little to no access, which should change imo.
Several days late, but still. Another busy week. It’s just two more weeks until school holidays and tons of stuff to do beforehand.
This week I
Outlined a first action plan for the collaboration of a client with the EC’s JRC, and discussed it with the JRC
Participated in an interprovincial session on shaping the digitisation programme for the new governance period of 4 years (regioanl elections were this spring). I am the interprovincial digital ethics programme lead in this.
Facilitated the bi-monthly interprovincial ethics committee meeting. There’s an early July deadline for an advisory statement and webinar on the use of generative AI, specifically text generation and its use within regional governments.
Helped prepare a submission on the EC’s call for experts for the European Data Innovation Board.
Updated the overview of EU data laws I maintain with this month’s developments
Discussed a potential contribution to next year’s Belgian national geo-information sector conference. I key noted there last year, and they approached me for a follow-up.
Close read a draft digital ethics report and provided feedback to the authors
Prepared a review conversation with a client, resulting in writing two proposals for the next 6 months.
Had the weekly client meetings
Had a meeting with the interprovincial ethics working group (with representatives of the twelve provinces)
Met monthly payroll.
Did some further planning for our entire team’s trip to Portugal in September where we will participate in Bev and Etienne Wenger-Trayner‘s workshop on systems convening.
Did quite a bit of bookkeeping during the weekend for the 2022 corporate tax filings, which are due before I leave for summer holidays.
With E and Y drove to Enschede to join C and M’s birthday parties. C and M are our old neighbours.
This week marks the half way point of 2023. One more week before the school holiday starts for Y. We are busy to finish stuff before we start the summer.
This week I
started with going to city hall to renew my drivers license, a once per decade thing. I can pick it up next week.
Participated in a session in which my colleagues F and E presented a protocol for organisations/people outsourcing assignments w.r.t. location data use, in which the aspects that need attention to ensure ethical use of data are described. Interesting work, now open for consultation to the geo-information sector. It in part resembles earlier work where we assisted procurement departments of public sector bodies with ensuring data sovereignty.
Had an interesting conversation with people from an association of (financial / integrity) auditors, about how data ethics might play a role in their work. We will provide a knowledge session for their November meet-up.
Booked a hotel in Troyes for later this month en route to our holiday destination. We could drive it in one day, but putting up a tent tired at the end of the day is not our idea of relaxation. So we will take in Troyes along the way, and the next day arrive early afternoon at our destination.
Worked intensively on the first advisory document of the interprovincial ethics committee about the use of generative AI, specifically text generators within the public sector. Lots of versions going back and forth, phone and video calls to discuss things. The publication deadline is next week.
Decided not to put up my candidacy for the EU Data Innovation Board, as it would be a less than ideal fit with their criteria. Did help a client with a much better fit to finish their submission for candidacy.
Met up with the intergovernmental data strategy team to discuss the connection to the ethics programma of the provinces. To be continued after the summer.
Had the half day monthly all hands meet-up with our team.
Booked hotel rooms for our entire team for a training we will take part in early September in Portugal. I think it’s quite cool the entire crew will do the same training, and we get to spend time together in a beautiful location.
Did lots of bookkeeping as next week there’s a deadline for tax returns, as well as preparation for the VAT returns due end of July that I want to get out of the way before the summer.
Did a round of updates for the overview of EU data legislation I keep current. There has been some movement this month.
Had a end-of-school-year interview with Y’s teacher and Y herself. She’s done well this year.
Visited my sister C for dinner. It had been a few months since we saw each other, so it was good to catch up.
Participated in a session about the Dutch national plans for digital twins.
Did the preparation for monthly invoicing, as we’re at the end of the month.
Met up with Erik Kemp and E for lunch, chatted about his plans for an unconference in Enschede. We shared our own experiences. Fun to meet him face to face.
We had niece C over for a sleep-over this weekend. This as Y had invited her cousin and an uncle to witness her swimming and get her B swimming certificate.
We drove to the coast to drop off niece C back home, and see their new house that they moved into earlier this month.