Opening up big data for sustainability: what role for database rights in the fourth industrial revolution?

Guido Noto La Diega, Estelle Derclaye

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

In the context of the Fourth Industrial Revolution (4IR), marked by an abundance of data, this article advocates for a shift towards a commons-inspired approach to data governance. While scarcity traditionally justified proprietary approaches, the 4IR necessitates embracing open data as a means to achieve UN Sustainable Development Goals (SDGs). Despite recent EU legislative initiatives encouraging open data practices, private corporations, pivotal in the 4IR, are insufficiently contributing to data sharing for the common good, including addressing climate justice concerns. Current proposals to curb big tech power lack meaningful openness. While Intellectual Property (IP) may justify some data access limitations, the paper argues against hindering data re-use for SDGs through IP. The urgency of sustainability and the rising importance of transparency in global digital constitutionalism require private entities to enhance access to and re-use of data. The central research question addressed is the formulation of a sustainable legal framework for achieving sustainability goals in the 4IR. The paper explores the triple meaning of 'data sustainability,' evaluates the potential role of the database right in opening corporate big data, and envisions a sustainable framework for data governance. Emphasizing the ongoing reform of the Database Directive through the EU's Data Act, the article contends that despite positive steps, the Act lacks the necessary legal certainty for leveraging data in the green and digital transitions.
Original languageEnglish
Title of host publicationPromoting Sustainable Innovation and the Circular Economy
Subtitle of host publicationLegal and Economic Aspects
EditorsOle-Andreas Rognstad, Taina Pihlajarinne, Jukka Mähönen
Place of PublicationLondon
PublisherRoutledge
Chapter5
Pages67-93
Number of pages27
ISBN (Electronic)9781003309093
ISBN (Print)9781032313054
DOIs
Publication statusPublished - 26 Jul 2024

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