Data Transparency Does Not Obstacle Innovation and Investments

The increasingly dominant role of digital platforms is changing not only the global economic landscape, but also that of rights and legislation. "Today these parties are private powers that in some areas are competing with public powers," says Oreste Pollicino, Professor of Constitutional Law and author of the book Judicial Protection of Fundamental Rights on the Internet. A Road Towards Digital Constitutionalism? "We therefore need to ask ourselves what the reactions of public power, i.e. regulatory bodies, should be with respect to this shift in power. No one wants to demonize the power deriving from data, but it must be regulated, and not only by the antitrust authorities that protect competition, but by some body that regulates its public functions." All this, if possible, without creating an unfavorable context for innovation and investments involving Big Data.

The comparative analysis described in the book compares the solutions applied by the United States and the European system in this area. In fact, the US is reacting to this excessive power with the usual – albeit perhaps a little blunt – weapons of self-regulation and disciplinary codes. "Due to its liberal tradition, the American state does not intervene in relations between private individuals," explains the professor. "The principles of the Constitution are not even brought into question in matters between individuals and companies and thus the most important rights, federal rights, are not part of the discussion." Conversely, in Europe unlimited delegation to these companies can be considered a finished experiment. Today, in addition to the bill of rights that already regulates range of movement, a reform project is underway and likely to fuel a long debate between the European Commission, Parliament and Council of Ministers. "The reform proposal contains a very important procedural aspect," continues Pollicino, "which requires private subjects who work with data to complete specific procedures for accessing, processing, handling and disseminating personal information."

The question then becomes: How will the platforms react to this new climate? Could the new rules halt investments? "The new regulation could nonetheless be a driving force for growth," he concludes, "because it charts a path that combines innovation and rules. From the point of view of legislators, it is an invitation to transparency that does not preclude free initiative in the private sector. Digital platforms, on the other hand, could perceive the new climate suspiciously. This is why I am convinced that communication will be decisive, to make it clear that, within these parameters, opportunities for development remain unchanged."