European Commission consultation on data / closes 25 June 2021
Robbie Morrison
The European Commission is currently consulting on a proposed Data Act:
The consultation also covers a review of the 1996 database directive. That directive, subsequently transposed into individual national law, is arguably the most problematic statute for energy analysts within Europe who work with public sector information and/or energy sector information under statutory reporting.
Just a heads up at this stage. I have yet work through the background documentation. The deadline for written feedback is midnight Friday 25 June 2021.
I intend to draft a written submission and then seek support from individuals within this community via this mailing list. Noting too that the Open Energy Modelling Initiative collectively decided early on not to lend its name to policy positions on individual legislation or on specific matters of public policy more generally. If on offer, I would also consider traveling to Brussels to give an account of the written submission in person.
For orientation, here is an earlier submission to the European Commission:
-
Morrison, Robbie (30 May 2020). Submission on a European strategy for data with an emphasis on energy sector datasets — Release 08. Creative Commons CC BY 4.0 license.
Feel free to respond here or to email me off‑list.
with best wishes, Robbie
-- Robbie Morrison Address: Schillerstrasse 85, 10627 Berlin, Germany Phone: +49.30.612-87617
Robbie Morrison
Hello all
Regarding the preliminary consultation (officially "inception feedback") on the proposed Data Act by the European Commission. Submissions close midnight Friday 25 June 2021.
By my reading, this act and related measures (such as the proposed ePrivacy Directive) have two aims:
- to tighten up how private data (including non‑personal data) is communicated and stored and to increase the sanctions for misuse
- to improve the flow of information between businesses (B2B) and also from business to government (B2G) for public‑interest reasons (the coronavirus pandemic being a case in point for both activities)
So that is broadly the backdrop.
This email is to indicate where I intend to head on a written submission, also with (hopefully) the support of willing openmod participants as signatories. And these are the key points so far:
Administrivia
- the submitters collectively class as an "informal organization" for the purposes of this submission process
- and while we all contribute to the Open Energy Modelling Initiative, this submission cannot be made in the name of the Open Energy Modelling Initiative as a matter of community policy
Context
- our domain is public‑interest energy system analysis with emphasis on open source development, open data, and scientific cooperation
- analysis from trusted and reliable sources is critically important for a rapid and complete decarbonization and that analysis is, in turn, critically dependent on good quality usable and reusable data
- our community is moving from a data paradigm of local databases and schemas to one of semantic triples with, optionally, dataset payloads: a shift that necessitates domain‑wide agreement on structured semantics (including formal ontologies), metadata usage, and collection protocols
- that paradigm shift is also completely contingent on suitable and explicit open licensing (more on license choice later)
- some in our community have started to experiment with both semantic web architectures and domain‑specific coherent and semi‑intelligent "data systems"
- community curation is important (indeed some of the primary information under statutory reporting is of surprisingly poor quality)
- we also recognize the emerging role of smart contracts, brokered data services (Icebreaker One Open Energy portal, for instance), smart energy systems (LF Energy project), and IoT architectures more generally, but these are only of peripheral interest to us
- our community, thus far at least, only deals with non‑personal information that has been or can be legitimately published: hence issues of personal and commercial privacy are not material
- our community has a six year track record of advocating for open data within the energy systems domain and conservatively numbers 400 participants with the majority located in Europe
- we [will] provide a detailed account of information held and/or reported by the ENTSO‑E transmission system umbrella organization and the EEX market operator because deficiencies we collectively experience encapsulate many of the issues we would like to see traversed in a new Data Act
- we [will] provide some good practice examples as well (for instance, from the European Commission Joint Research Centre)
- our methods and models have recently started to be used to for energy systems analysis in less developed countries and regions: this effectively represents a form of technology transfer, albeit largely unnoticed
Our calls
- our community strongly prefers Creative Commons CC‑BY‑4.0 licenses, CC0‑1.0 waivers, or something inbound compatible
- that all information provided under statutory reporting be explicitly accessible and open licensed (mandatory electricity market exchange reporting appears to be implemented so as to intentionally restrict accessibility)
- that closed public‑interest databases (such as the ENTSO‑E sponsored Pan European Market Modelling Database) be made public and explicitly open licensed
- that business‑to‑government (B2G) information, suitably aggregated and anonymized, would substantially improve the accuracy of our analysis
- further to the above, typical construction and operations cost information would greatly assist
- that the Commission provide legal opinions on the interoperability of the growing number of national level data licenses within the European Union (including dl‑de/by‑2.0 and Licence Ouverte and also the United Kingdom OGL‑UK‑3.0, noting that the UK National Grid continues to supply data to the ENTSO‑E Transparency Platform post Brexit) with regard to the CC‑BY‑4.0 license — or alternatively legislate to prevent the proliferation of legally‑encumbered data silos due to licensing incompatibilities
- we believe 96/9/EC database protection has outlived any usefulness and should be repealed — indeed, database protection provides only legal uncertainty, is debilitating for risk‑averse institutions and researchers but not others, and is routinely ignored by data portals operating from the United States in any case
- we believe that section 2.11 definition of "re‑use" in the 2019/1024 Open Data Directive should be revised to provide a definition consistent with the remainder of that recent statute, including recital 16
Not relevant to our community
- the bulk of proposed measures are aimed at improving business‑to‑business (B2B) flows while simultaneously protecting private communications
- and measures to promote fairness in regards access to B2B information and the development of digital markets (while noting that data market design is extremely challenging)
Closure
- our community is desperate for legally unencumbered public‑interest information covering the energy sector — indeed it is hard to understate how debilitating the current legal regime is for those pursuing public‑interest energy system analysis outside of various incumbent organizations
- the emerging domain‑wide data use and management paradigm is entirely contingent on the application of CC‑BY‑4.0, CC0‑1.0, or something inbound compatible
I am looking for specific examples too. If you don't want your project or research staff named, I am sure we can find a suitable wording that will protect your identity while still articulating the core problem.
Having spent several years engaging with the European Commission on these matters, I think this is the best shot that we have had so far to get our views across.
We have two weeks to work on the written document and to collect endorsements. I should have a working draft out in three days time.
Happy, as always, to take feedback, onlist or offlist, Robbie
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Robbie Morrison
Hello all
Attached is release 01 of a
work‑in‑progress submission on the proposed European Data
Act for the European Commission.
There are two sections of background still to be included (at paragraphs 30 and 35) on license incompatibilities and the new semantic triples database paradigm. But these will not make any difference to the basic analysis and requests.
This version attached has the provisional names of three signatories but not their bios.
I am currently looking for:
- examples of problematic practice
- confirmation of those I have listed
already
- feedback generally
- people who would like to sign on as
submitters, including people from the United Kingdom
The deadline is Friday 25 June 2021.
Those in the United States should be
happy that most of these issued traversed do not apply in your
country.
with best wishes, Robbie
filename : morrison-european-data-act-inception-submit.01.pdfsize : 150 676 (148 Ki) bytes
format : PDF document, version 1.5
mimetype : application/pdf
file-ext : Adobe portable document format file
author : Robbie Morrison <robbie....@posteo.de>
title : Submission on the proposed European Data Act with an emphasis on energy system analysis
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dated : 2021-06-13 21:56:45.645055123 +0200 (Linux file last modified timestamp)
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To view this discussion on the web, visit https://groups.google.com/d/msgid/openmod-initiative/69e81292-0226-caf5-6484-86d184cea37f%40posteo.de.
Tom Brown
Thanks for leading this great initiative! Sign me up. We should be able
to gather 50-100 signatures from the Europeans among us (obviously that
includes the UK...).
I think it would be useful to list more "closed public-interest
databases" that should be opened, with a brief explanation why the data
is important for research/society-led activities to combat climate
change. Just to emphasise how important this point is.
Best wishes,
Tom
On 13/06/2021 22:21, Robbie Morrison wrote:
> Hello all
>
> *proposed European Data Act* for the European Commission.
> There are two sections of background still to be included (at paragraphs
> 30 and 35) on license incompatibilities and the new semantic triples
> database paradigm. But these will not make any difference to the basic
> analysis and requests.
>
> This version attached has the provisional names of three signatories but
> not their bios.
>
> I am currently looking for:
>
> * confirmation of those I have listed already
> * feedback generally
> * people who would like to sign on as submitters, including people
> from the United Kingdom
>
> The deadline is *Friday 25 June 2021*.
> Those in the United States should be happy that most of these issued
> traversed do not apply in your country.
>
> with best wishes, Robbie
>
> filename : morrison-european-data-act-inception-submit.01.pdf
> size : 150 676 (148 Ki) bytes
> format : PDF document, version 1.5
> mimetype : application/pdf
> file-ext : Adobe portable document format file
> author : Robbie Morrison <robbie....@posteo.de>
> title : Submission on the proposed European Data Act with an
> emphasis on energy system analysis
> pages : 13 x A4
> uuid : dc8272c9-0543-439a-adaa-1f982628315f
> dated : 2021-06-13 21:56:45.645055123 +0200 (Linux file last
> modified timestamp)
> md5sum : cefb024b935d02f5bf3509d7dce625dd
>
>
>> Hello all
>>
>>
>> By my reading, this act and related measures (such as the proposed
>> ePrivacy Directive) have two aims:
>>
>> (the coronavirus pandemic being a case in point for both activities)
>>
>> So that is broadly the backdrop.
>>
>>
>> This email is to indicate where I intend to head on a written
>> submission, also with (hopefully) the support of willing openmod
>> participants as signatories. And these are the key points so far:
>>
>>
>> Administrivia
>>
>> Initiative, this submission /cannot/ be made in the name of the
>>
>>
>> Context
>>
>> cooperation
>> and reusable data*
>> * our community is moving from a *data paradigm* of local databases
>> payloads: a shift that necessitates domain‑wide agreement on
>> structured semantics (including formal ontologies), metadata
>> usage, and collection protocols
>> explicit open licensing* (more on license choice later)
>> * some in our community have started to experiment with both
>> *semantic web* architectures and domain‑specific coherent and
>> semi‑intelligent "*data systems*"
>> * *community curation* is important (indeed some of the primary
>> smart energy systems (LF Energy project), and IoT architectures
>> more generally, but these are only of peripheral interest to us
>> information* that has been or can be *legitimately published*:
>> 400 participants with the majority located in Europe
>> reported by the *ENTSO‑E* transmission system umbrella
>> organization and the *EEX* market operator because deficiencies we
>> like to see traversed in a new Data Act
>> energy systems analysis in *less developed countries and regions*:
>> largely unnoticed
>>
>>
>> Our calls
>>
>> market exchange reporting appears to be implemented so as to
>> intentionally restrict accessibility)
>> and explicitly open licensed
>> accuracy of our analysis
>> information* would greatly assist
>> * that the Commission provide *legal opinions on the
>> interoperability* of the growing number of *national level data
>> licenses* within the European Union (including dl‑de/by‑2.0 and
>> that the UK National Grid continues to supply data to the ENTSO‑E
>> Transparency Platform post Brexit) with regard to the CC‑BY‑4.0
>> license — or alternatively legislate to prevent the proliferation
>> * we believe *96/9/EC database protection* has outlived any
>> provides only legal uncertainty, is debilitating for risk‑averse
>> institutions and researchers but not others, and is routinely
>> ignored by data portals operating from the United States in any case
>> *2019/1024 Open Data Directive* should be revised to provide a
>> including recital 16
>>
>>
>> Not relevant to our community
>>
>> private communications
>> that data market design is extremely challenging)
>>
>>
>> Closure
>>
>> public‑interest information* covering the energy sector — indeed
>> is for those pursuing public‑interest energy system analysis
>> outside of various incumbent organizations
>> something inbound compatible
>>
>>
>> I am looking for specific examples too. If you don't want your project
>> or research staff named, I am sure we can find a suitable wording that
>> will protect your identity while still articulating the core problem.
>>
>> Having spent several years engaging with the European Commission on
>> these matters, I think this is the best shot that we have had so far
>> to get our views across.
>>
>> We have two weeks to work on the written document and to collect
>> endorsements. I should have a working draft out in three days time.
>>
>> Happy, as always, to take feedback, onlist or offlist, Robbie
>>
>> On 07/06/2021 16.51, Robbie Morrison wrote:
>>> Hello all
>>>
>>>
>>> * https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13045-Data-Act-&-amended-rules-on-the-legal-protection-of-databases_en
>>> The consultation also covers a review of the 1996 database directive
>>> most problematic statute for energy analysts within Europe who work
>>> with public sector information and/or energy sector information under
>>> statutory reporting.
>>>
>>> midnight Friday 25 June 2021.
>>>
>>> I intend to draft a written submission and then seek support from
>>> individuals within this community via this mailing list. Noting too
>>> that the Open Energy Modelling Initiative collectively decided early
>>> on not to lend its name to policy positions on individual legislation
>>> or on specific matters of public policy more generally. If on offer,
>>> I would also consider traveling to Brussels to give an account of the
>>> written submission in person.
>>>
>>> For orientation, here is an earlier submission to the European
>>> Commission:
>>>
>>>
>>> Morrison, Robbie (30 May 2020). /Submission on a European
>>> <https://forum.openmod.org/uploads/short-url/uXM0OfGs6Z6zPHOeLwpNtJm1qsQ.pdf>.
>>>
>>> Feel free to respond here or to email me off‑list.
>>>
>>> with best wishes, Robbie
>>>
>>> --
>>> Robbie Morrison
>>> Address: Schillerstrasse 85, 10627 Berlin, Germany
>>> Phone: +49.30.612-87617
>>> --
>>> You received this message because you are subscribed to the Google
>>> Groups "openmod initiative" group.
>>> To unsubscribe from this group and stop receiving emails from it,
>>> send an email to openmod-initiat...@googlegroups.com
>>> https://groups.google.com/d/msgid/openmod-initiative/ade04ee5-73d6-be75-15ba-dbae7a04a42b%40posteo.de
>> Robbie Morrison
>> Address: Schillerstrasse 85, 10627 Berlin, Germany
>> Phone: +49.30.612-87617
>> --
>> You received this message because you are subscribed to the Google
>> Groups "openmod initiative" group.
>> To unsubscribe from this group and stop receiving emails from it, send
>> an email to openmod-initiat...@googlegroups.com
>> <https://groups.google.com/d/msgid/openmod-initiative/69e81292-0226-caf5-6484-86d184cea37f%40posteo.de?utm_medium=email&utm_source=footer>.
> --
> Robbie Morrison
> Address: Schillerstrasse 85, 10627 Berlin, Germany
> Phone: +49.30.612-87617
>
> --
> You received this message because you are subscribed to the Google
> Groups "openmod initiative" group.
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--
Tom Brown (he/him)
Professor of Digital Transformation in Energy Systems
Institute of Energy Technology
Technische Universität Berlin
Group website: https://www.ensys.tu-berlin.de/
Personal website: https://nworbmot.org/
Visitor Address:
Einsteinufer 25 (TA 8)
10587 Berlin
Robbie Morrison
Hi Tom, all
Thanks. I have been working up release 02. Thus far, mostly a reorganization and a better highlighting of examples. No change to the list of requests though, aside from minor copy‑edits. I hope to reissue to this list again on Thursday.
And also, I added this paragraph to the
Discussion to round it out:
Conversely, the adoption of that particular data license [CC‑BY‑4.0] looks likely to unlock a new data management paradigm within the domain of open energy system modelling based on linked open data (LOD) concepts. This new paradigm has the potential to radically improve public policy development in complex areas like energy systems analysis. In addition, this emerging data revolution parallels, lags, and is synergistic with a similar revolution underway in model development, namely the shift to open source models. Taken together, these two changes in paradigm should bring substantial benefits to society through higher quality, more extensive, and more transparent public policy analysis.
Regarding "closed public-interest
databases", also later tagged "incumbent databases", can people
list them so I can add text?
That goes for other examples of problematic data conduct too. I'd like the hammer the conceptual points home with as many real life illustrations as possible. Thanks in advance.
And if people want to tentatively sign on (subject to viewing the final version), could they email me with the following details:
- their name, including any honorific
like "Dr" they would like to use
- their institutional affiliation and
position, as appropriate, also optional — in which case, their
town, city, and country instead
- one sentence on their professional or research interests, can be very general
See an earlier submission for examples of single line bios.
Just on Tom's "UK" comment, submitters
from outside the European Union are acceptable under Commission
public consultation guidelines.
On a quite different theme, the three admins
on the openmod forum (Max, Leonhard, and myself) screen new
applicants. And it is clearly evident that our community is
starting to broaden out, including new participants from
consultancies, firms, and aid projects. In addition, quite a
few are thinking of switching from proprietary to open source
model frameworks for their professional work.
with best wishes, Robbie
Robbie Morrison
Hello all (if interested in data law)
The following posting (pasted in to this
thread) was recently sent the the closed FSFE (Free Software
Foundation Europe) LN (Legal Network) mailing list with two
questions. Feel free to reply with answers too!
That attached PDF (also on the FSFE LN
posting) might be of interest to those interested in data
architecture more generally too. The abstract remains under
review.
with best wishes, Robbie
-------- Forwarded Message --------
| Subject: | OGL‑UK‑3.0 and CC‑BY‑4.0 interoperability, data architectures generally |
|---|---|
| Date: | Fri, 18 Jun 2021 08:55:41 +0200 |
| From: | Robbie Morrison <robbie....@posteo.de> |
| To: | FSFE legal network <L...@lists.fsfe.org> |
Hi all
I am currently writing a submission for the European Commission on their proposed Data Act. Submissions close Friday 25 June 2021 (see link below). And two questions have arisen:
- is there analysis on the legal compatibilities between the OGL‑UK‑3.0 and CC‑BY‑4.0 licenses (OGL = Open Government License)?
- why is this proposal an "Act" — is it because it may later become a Directive or Regulation — or is this a new legal vehicle for the European Union?
For some background, the United Kingdom government is strongly supporting the Icebreaker One Open Energy project to supply a trusted brokerage portal for protected energy sector information and also engaging in related projects. The proposed Data Act seeks something similar for the European Union (but is moving more slowly):
- to tighten up how private data (including non‑personal data) is communicated and stored and to increase the sanctions for misuse
- to improve the flow of information between businesses (B2B) and also from business to government (B2G) for public‑interest reasons
My pick is that this area of law will become increasingly prominent. Indeed data usage is changing radically at present. The attached abstract (emp‑e‑2021‑abstract.pdf), recently submitted to the Energy Modelling Platform — Europe 2021 meeting and still under review, provides my take on the final destination. And while the legal context is much simpler in the United States (no crown copyright, no sweat‑of‑the‑brow threshold, no explicit database protection), the other aspects indicated should equally apply.
The 96/9/EC database directive is also under review as part of
the Commission consultation on the proposed Data Act. On
reading the inception impact assessment (quoted below), I cannot
see that item of law surviving? Actually, the inception
document is quite a ramble.
with best wishes, Robbie
References
Anon (16 June 2016). Regulations, directives and other acts. European Union. Brussels, Belgium.
European Commission (28 May 2021). Inception impact assessment: Data Act (including the review of the Directive 96/9/EC on the legal protection of databases) — Ares(2021)3527151. Brussels, Belgium: European Commission. Lead DG: CNECT/G1. Landing page for download given. Download name: 090166e5ddb6bc31.pdf.
To view this discussion on the web, visit https://groups.google.com/d/msgid/openmod-initiative/12cce29c-4e9c-a760-857a-3967964f4601%40posteo.de.
Robbie Morrison
Hello again
Attached is release 02 of the submission. As far as I am concerned it is complete.
If you wish to sign on (and I am certainly encouraging that), please provide:
- your name and any honorific you wish to use (like Dr)
- your affiliation (institute, country) or alternatively your
place of residence (city, country)
- a one line bio, from four words upwards
So far, eight submitters. At the very least, you should read the Summary spanning pages 3 and 4. I will be able to accept inputs up to this Friday afternoon.
Unless something unexpected surfaces, I don't plan on making any
substantive edits. If I do, I will re‑seek confirmation, if the
changes are potentially controversial.
with best wishes, Robbie
filename :
morrison-european-data-act-inception-submit.02.pdf
size : 1 420 010 (1.4 Mi) bytes
format : PDF document, version 1.5
mimetype : application/pdf
file-ext : Adobe portable document format file
author : Robbie Morrison <robbie....@posteo.de>
title : Submission on the proposed European Data Act with an
emphasis on energy system analysis
pages : 17 x A4
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dated : 2021-06-22 10:09:18.870617836 +0200 (Linux file last
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To view this discussion on the web, visit https://groups.google.com/d/msgid/openmod-initiative/12cce29c-4e9c-a760-857a-3967964f4601%40posteo.de.
Robbie Morrison
Hello again
Attached is release 04 of the
submission (release 03 is identical but displayed the one‑line
bios).
After feedback from Wolf, the requests in section 1.1 are now better framed and organized (thanks).
There is still a day or so left to add
your signature. We have sufficient now to be credible. But if
you feel strongly please sign on.
with best wishes, Robbie
filename :
morrison-european-data-act-inception-submit.04.pdf
size : 1 423 401 (1.4 Mi) bytes
format : PDF document, version 1.5
mimetype : application/pdf
file-ext : Adobe portable document format file
author : Robbie Morrison <robbie....@posteo.de>
title : Submission on the proposed European Data Act with an
emphasis on energy system analysis
pages : 17 x A4
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dated : 2021-06-23 08:38:17.332359922 +0200 (Linux file last
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To view this discussion on the web, visit https://groups.google.com/d/msgid/openmod-initiative/746cac6c-53c5-c435-fd49-3c1ae3b25932%40posteo.de.