One of the key outputs of the Project “Un-owned Data: Interoperable EU Borders and Transitioning Rights Post Covid-19” are the Model Rules for Interoperability.
The Workshop held at EUI on the 30th of November 2021 has been a great occasion to discuss them with relevant stakeholders – such as European Commission, European Parliament, eu-LISA and European Data Protection Supervisor – and specialized academics in the field.
Our Model Rules aim to provide a practical tool for legal professionals and policy makers to face the risk that the efficiency of technological tools may clash with the limits imposed by the legal framework. In order to offer possible solutions, they address a substantial broader involvement of policy makers in the implementation process of the new legal framework on interoperability. This involvement is also reflected by the methodology adopted. In fact, the Model Rules reflect some of the results collected by anonym e-questionnaires that we delivered beforehand among experts in the field.
The Model Rules aim to assess the impact of technological tools both on the purposes of interoperability and on third-country nationals’ rights, considering: (1) access to interoperable tools by interoperable actors and end-users, (2) interaction between app tracing and interoperability legal regimes, (3) legal remedies.
The areas addressed by Model Rules are the following: a) ‘originator control principle’ and ‘data ownership’, particularly as regards its impact on access rights to data for national authorities; b) algorithmic transparency for third-country nationals; c) data quality and accuracy as pre-conditions of data usage; d) app tracing, health data processing and identification of third country nationals; e) access to legal remedies at national or EU level for third country nationals against potential misuse of data.
The Workshop has definitely put the basis for further research in this promising policy field increasing the awareness of academia and institutions.
