Page 105 - ITU Journal - ICT Discoveries - Volume 1, No. 2, December 2018 - Second special issue on Data for Good

ITU JOURNAL: ICT Discoveries, Vol. 1(2), December 2018

SOVEREIGNTY AND DATA SHARING

Patrik Hummel , Matthias Braun , Steffen Augsberg , Peter Dabrock 1
1
1
2
1 Friedrich-Alexander-Universität Erlangen-Nürnberg, Department of Theology, Germany
2 Justus-Liebig-Universität Gießen, Department of Law, Germany

Abstract – In this paper, we characterize the notion of data sovereignty as a normative reference point for
information and communication technology (ICT) governance. We explain why in our view, establishing
data sovereignty means more than securing privacy, but also requires the availability of controllable means
for sharing information with others. We argue that in the context of big data applications, dynamic consent
mechanisms play a key role in steering information flows in accordance with the proposed normative
reference point. We close by suggesting legal and governance aspects of implementing data sovereignty:
explorations of data ownership notions, aiming at data literacy in education, encouraging transparency
about data processing activities, and introducing representative data agents that channel data flows in
accordance with individual preferences.

Keywords – Data agents, data ownership, data sharing, privacy, sovereignty

crucial target area for responsible engineering and
1. INTRODUCTION governance frameworks.

At the World Economic Forum 2018, Yuval Noah In this paper, we characterize the notion of data
Harari began his speech by highlighting that data sovereignty as a normative reference point for ICT
has become the most important asset in the world governance (2.). We explain why in our view,
[1]. Data will take on the role that land played in establishing data sovereignty means more than
ancient times, and machinery has in the last few securing privacy; it also requires the availability of
centuries. It will be the basis for the main products controllable means for sharing information with
of the 21 century economy: not textiles, vehicles others (3.), ideally on the basis of dynamic consent
st
and weapon, but bodies, brains, and minds. Those mechanisms (4.). We close by suggesting legal (5.)
who own and control data, Harari claims, will shape and governance (6.) aspects of implementing data
the future not just of humanity, but the future of life sovereignty.
itself.
2. DATA SOVEREIGNTY AS A NORMATIVE
If we anticipate data to attain the status Harari REFERENCE POINT
envisions, questions arise about how to make use of
this resource, how to allocate it, manage access and As the deployment of big data applications and
usage rights, and maximize its potentials, e.g., for artificial intelligence intensifies across a variety of
research, health, sustainable development, and sectors, one up-and-coming concept in discourses
economic growth. In order to pursue these ends on responsible governance is the notion of data
responsibly, data should be leveraged towards a sovereignty. Although not used uniformly
better and more just future in which it benefits throughout the literature, the concept relates to
everyone. We are witnessing the age of digitization, issues of control about who can access and process
big data, automation, and algorithmic data data [2–5]. Historically, sovereignty denotes claims
processing. Radically new ways to gather, access, to absolute power relative to a domain, e.g., the
and interpret data are emerging. Information and power of a sovereign nation state in its territory.
communication technologies (ICTs) both generate Calls for data sovereignty transfer this picture to the
data and are the locus of data processing. This realm of data and ICT: sovereign data subjects are
double aspect of their data intensity makes ICTs a those who are in a position to articulate and enforce

© International Telecommunication Union, 2018 83