Public Security Exception in the Area of non-personal Data in the European Union

16-04-2018

In order to avoid conflict with the freedom to conduct a business and the freedom of contract the wording of article 4(1) should be amended and be addressed to the Member States; • The proposal underplays that information security has a legal dimension to it, notoriously so because member states’ national security activities operate outside the scope of EU law; • The principle aversion against locality that emanates from the proposal may not be fully aligned with state-of-the-art technology where multiple data mirrors geographically distribute a dataset. For example, one local mirror is advisable for business continuity in the event of a disruption of transmission infrastructure; • Not all non-personal data is created equal; from the stream of non-personal data that is for example generated in the Internet of Things (IoT) data necessary to control real world devises should in addition be locally accessible; • Whithout contradicting the philosophy behind the free flow of non-personal data proposal this briefing presents examples for interventions that should be justifyable on grounds of public policy or the protection of health and life of humans, animals or plants.

In order to avoid conflict with the freedom to conduct a business and the freedom of contract the wording of article 4(1) should be amended and be addressed to the Member States; • The proposal underplays that information security has a legal dimension to it, notoriously so because member states’ national security activities operate outside the scope of EU law; • The principle aversion against locality that emanates from the proposal may not be fully aligned with state-of-the-art technology where multiple data mirrors geographically distribute a dataset. For example, one local mirror is advisable for business continuity in the event of a disruption of transmission infrastructure; • Not all non-personal data is created equal; from the stream of non-personal data that is for example generated in the Internet of Things (IoT) data necessary to control real world devises should in addition be locally accessible; • Whithout contradicting the philosophy behind the free flow of non-personal data proposal this briefing presents examples for interventions that should be justifyable on grounds of public policy or the protection of health and life of humans, animals or plants.