From open data to reverse PSI: a new European policy facing GDPR

In February 2020, the Commission published an expert report on the sharing of data collected by the private sector for the benefit of public authorities. Although the document is more of an invitation to the private sector than an obligation on the latter, it demonstrates a European will to strengthen the informational power of the State. Public authorities will be able to engineer big data, with the help of artificial intelligence, to better define state policies and their application. The article studies an essential regulatory facet, which must be taken into account when setting up this data sharing: compliance with the General Data Protection Regulation (GDPR), its principles, and the multiple obligations that the text imposes on the use of data provided by third parties, as well as the rights granted to citizens as data subjects. This brief overview suggests some difficulties in interpreting and applying the GDPR to these sharing operations.