Page 39 - Reference framework for integrated management of an SSC - A U4SSC deliverable on city platforms

According to the Regulations and similar legislation, profiling should only occur with a person’s
consent; unless it is treated as the primary purpose derived from a contractual relationship.

The problem is that, in many cases, obtaining and managing consent by providing timely information
is operationally ineffective or, at worst, simply impossible because these data must be used at
the time of capture in order to meet the goal. To this end, it is essential that legislation defines
procedures for the dissociation or anonymization of personal data outside its current scope and is
only permitted in those cases where it cannot make disproportionate efforts to identify a person.

It should be noted that the concept of “person” developed by software expert Alan Cooper, through
the creation of an intermediate level of personal data, does not concern an “identified or identifiable
person”, but rather archetypes or models of people who meet several common characteristics and
specific needs. In this way, they provide an easily analysable profile without referring to any actual
person “behind” the processed information and, therefore, protect the link with the subject’s identity.
Once officially recognized, methodologies like this would avoid deficiencies in the collection of
consent concerning information that “have to borrow in interest” when processing your data or in
the use of expensive security measures. It would not be to process Personal Data of identifiable
individuals and, therefore, solutions could be implemented in the community’s interest.

Consequently, we must work towards consensual solutions that respect the privacy of individual
people and can leverage data analytics to improve infrastructure management, quality of life, and
coexistence among people.

2.10 Regulatory framework of local competences

From the strictly local, legal-organizational perspective, the actual consolidation of these new urban
models for developing an SSC requires open, plural and efficient innovative governance structures.
It is not a question of urging organizational change at the local level but of really moving in that
direction to adapt to citizens’ general interests.

The first problem is that no specific local competences title attributes globally and directly to
the municipality the set of competencies (regulatory and management planning) necessary for
implementing or achieving the (informal) character of the city as a Smart City. A greater capacity
for action is recognized logically from the self-organizational and organizational freedom of the
services of local authorities. However, in the end, the inoperability results from structures, services
or dependencies without adequate substantive competencies.

The diffuse concept of the Smart City implies, at least from a legal perspective, the existence of
services, infrastructures, and smart networks (i.e., sustainable, efficient and controllable networks) of
urban transport and mobility, of people and vehicles, of water supply and evacuation, recovery and
waste treatment. The general framework is, obviously, the global consideration of the global city
system – and, therefore, the competencies and normative group on urbanism and physical planning

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