I would like to thank Madame Rapporteur and all colleagues who worked on Data Act. I believe that it will be a landmark legislation of this mandate, if it succeeds in harnessing the potential of data in all the ways we are hoping and foreseeing.
I would like to underline some very important points of the Parliament’s position:
– in the event of conflict between two legislative instruments, GDPR will prevail;
– we do not create any additional legal basis for the processing of personal data nor removing any of those that exist;
– it will help to enforce our citizens’ right to data portability provided by GDPR and
– we ensure the rights foreseen for a person who is not the user asking for a transfer of data, but whose personal data is still being transferred.
I would also like to mention my only remaining concern – the scope of what business will have to share with governments is much wider in the Parliament’s position than what I personally would have preferred. I agree that the aim was to create a safeguard by limiting the data transferred to public authorities to non-personal data only. It remains to be seen how this will be done in practice, as often datasets tend to have the two types of data in a format where they cannot necessarily be separated. It also remains to be seen how often due to this complexity will courts decide what constitutes personal data and what does not.