Industry 4.0 in Germany and the EU: Data between property and access in the data-driven economy
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In its core, Industry 4.0 refers to the change of production processes under conditions of adaptive intelligent production systems. Instead of being governed by a centrally controlled and in advance optimized process of production, the change aims at a continuous self-optimization of the process, which seems to be possible only through continuous generation and processing of information and its governance by artificial intelligence, in particular machine learning technologies. The following presentation will focus on the emerging data economy. However, the debate on data and its adequate legal framework was dominated for a long time by the data protection issue related to personal data and constitutional questions of self-determination in times of ubiquitous data generation in a connected world. Industry 4.0 shifts the attention to machine generated, non-personal data, its role in the innovation process and an adequate regulatory framework between rights of exclusion and rights of access. This turns out to be an important political question in the EU and Germany and leads to the discussion of various concepts and instruments to ensure the free flow of data on the one side and the need for protection of machine-generated data on the other side. Before I display the current framework and its applicability to data and data sets, I will outline some characteristics of data, because the concept of data is not well defined. Data are often understood as representing the real world or attributes or characteristics thereof and they are taken on its face value, treated as being neutral, objective, pre-analytic in nature and as conveying the information. This might be called a container approach. However, data are in fact framed technically, economically, ethically, temporally and so on. I follow the hypothesis, that data do not exist independently of the context they are generated and interpreted within. Therefore, it is more about relations between different data and data sets instead of following a container approach. This has a lot of consequences with regard to the question of “data ownership”, which is a hot topic of the current discussion. I will display in the following, that neither the law of property or intellectual property covers currently non-personal data as a subject of protection. In fact, the governance framework is mainly a contractual one, often accompanied by factual arrangement, which obviously are sufficient for most of the business actors. This is compatible with economic analysis of the problem. It might be a more productive approach to think about data as an infrastructure of the data driven economy which would bring rights to access data pools, standards of data, interoperability etc. to the fore.
Abstract
In its core, Industry 4.0 refers to the change of production processes under conditions of adaptive intelligent production systems. Instead of being governed by a centrally controlled and in advance optimized process of production, the change aims at a continuous self-optimization of the process, which seems to be possible only through continuous generation and processing of information and its governance by artificial intelligence, in particular machine learning technologies. The following presentation will focus on the emerging data economy. However, the debate on data and its adequate legal framework was dominated for a long time by the data protection issue related to personal data and constitutional questions of self-determination in times of ubiquitous data generation in a connected world. Industry 4.0 shifts the attention to machine generated, non-personal data, its role in the innovation process and an adequate regulatory framework between rights of exclusion and rights of access. This turns out to be an important political question in the EU and Germany and leads to the discussion of various concepts and instruments to ensure the free flow of data on the one side and the need for protection of machine-generated data on the other side. Before I display the current framework and its applicability to data and data sets, I will outline some characteristics of data, because the concept of data is not well defined. Data are often understood as representing the real world or attributes or characteristics thereof and they are taken on its face value, treated as being neutral, objective, pre-analytic in nature and as conveying the information. This might be called a container approach. However, data are in fact framed technically, economically, ethically, temporally and so on. I follow the hypothesis, that data do not exist independently of the context they are generated and interpreted within. Therefore, it is more about relations between different data and data sets instead of following a container approach. This has a lot of consequences with regard to the question of “data ownership”, which is a hot topic of the current discussion. I will display in the following, that neither the law of property or intellectual property covers currently non-personal data as a subject of protection. In fact, the governance framework is mainly a contractual one, often accompanied by factual arrangement, which obviously are sufficient for most of the business actors. This is compatible with economic analysis of the problem. It might be a more productive approach to think about data as an infrastructure of the data driven economy which would bring rights to access data pools, standards of data, interoperability etc. to the fore.
참고문헌 (39)
- Aazam, M., "Cloud of Things: Integrating Internet of Things and Cloud Computing and the Issues Involved", Proceedings of 2014 11th International Bhurban Conference on Applied Sciences & Technology (IBCAST) Islamabad, pp.414~ (2014)
- M2M Application Characteristics and Their Implications for Spectrum, "Aegis Systems Ltd. and Machina Research", ~, pp.2606 (2014), OM2M[DOI]
- "Why the Internet of Things Will Disrupt Everything"[URL]
- Atzori, L., "The Social Internet of Things (SIoT) – When Social Networks Meet the Internet of Things: Concept, Architecture and Network Characterization", Computer Networks, 56, pp.3594~ (2012)
- Benjamin, W., "Das Kunstwerk im Zeitalter seiner technischen Reproduzierbarkeit", Zeitschrift für Sozialforschung, I, pp.41~ (1936)
- Botta, A., "On the Integration of Cloud Computing and Internet of Things", 2014 International Conference on Future Internet of Things and Cloud (FiCloud) (2014)
- Calabrese, C., "Comments for November 2015 Workshop on Cross-Device Tracking", Letter of the Center for Democracy & Technology to the Federal Trade Commission, ~ (2015)
- Christensen, C.M., "The Innovator’s Dilemma: When New Technologies Cause Great Firms to Fail" (1997), Harvard Business School Press
- "A Message to Our Customers"[URL]
- Department of Energy and Climate Change, "Smart Meters: a Guide" (2013)
- Divya, P.S., "Security with Holographic Barcodes Using Computer Generated Holograms", 2013 International Conference on Control Communication and Computing (ICCC), pp.162~166 (2013), IEEE
- ENISA, "Security and Resilience of Smart Home Environments", ~ (2015)
- Internet of Things, "FTC", Privacy & Security in a Connected World, ~ (2015)
- GCSA, "The Internet of Things: Making the Most of the Second Digital Revolution", ~ (2014)
- Report on How the EU Assesses the Impact, Legitimacy and Effectiveness of its Counterterrorism Laws, Statewatch SECILE report, "Hayes, B.", ~ (2013)
- Höller, J., "From Machine-to-Machine to the Internet of Things: Introduction to a New Age of Intelligence" (2014)
- "Twenty Legal Considerations for Clouds of Things" (2016)[URL]
- International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) Joint Technical Committee (JTC) 1, Internet of Things (IoT): Preliminary Report 2014, , ~ (2015)
- The Internet of Things, ITU Internet Reports 2005, "ITU (International Telecommunication Union)", ~ (2005)
- International Telecommunication Union Standardization Sector (ITU-T), "Overview on the Internet of Things, Y.2060", ~ (2012)
- Data Security and Multi-Factor Authentication: Analysis of Requirements Under EU Law and in Selected EU Member States, "Kennedy, E.J.", ~, pp.Queen Mary School of Law Legal Studies Research Paper No. 194 (2015), 2015
- King, A.A., "How Useful Is the Theory of Disruptive Innovation?", MIT Sloan Management Review, (가을) (2015)
- Using Regulation as a Last Resort: Assessing the Performance of Voluntary Approaches, "McCarthy, D.", Royal Society for the Protection of Birds: Sandy, Bedfordshire, ~ (2015)
- The NIST Definition of Cloud Computing, "Mell, P.", Recommendations of the National Institute of Standards and Technology, ~, pp.NIST Special Publication 800-145 (2011)
- Master Plan for Building the Internet of Things (IoT) that leads the hyper-connected, digital revolution, "Ministry of Science, ICT, and Future Planning (Republic of Korea)", ~ (2014)
- Noto La Diega, G., "British Perspectives on the Internet of Things: The Clouds of Things-Health Use Case, in Internet of Things: Legal Issues and Challenges towards a Hyperconnected World", Proceedings of the International Conference of the Center for Law & Public Utilities, pp.45~150 (2015), Seoul National University
- Contracting for the ‘Internet of Things’: Looking into the Nest (February 1, 2016), "Noto La Diega, G.", ~, pp.Queen Mary School of Law Legal Studies Research Paper No. 219 (2016), 2016
- OECD, "Science, Technology and Industry Scoreboard 2015", ~ (2015)
- Reed, C., "Legal and Regulatory Update - Embedding Accountability in the International Legal Framework, forthcoming", ~
- Sarkar, S., "Assessment of the Suitability of Fog Computing in the Context of Internet of Things", IEEE Transactions on Cloud Computing, PP(99) (2015)
- Satyanarayanan, M., "Edge Analytics in the Internet of Things", IEEE Pervasive Computing, 14(2), pp.24~31 (2015)
- Advances in Clouds. Research in Future Cloud Computing, "L. Schubert", Commission of the European Communities, Information Society & Media Directorate-General, Software & Service Architectures, Infrastructures and Engineering Unit, ~ (2012)
- Singh, J., "Twenty Security Considerations for Cloud-Supported Internet of Things", Internet of Things Journal, 99(1) (2015), IEEE
- "SRI Consulting Business Intelligence, Disruptive Technologies Global Trends 2025, Appendix F: The Internet of Things"[URL]
- Internet of Things (IoT) and Machine to Machine Communications (M2M) Challenges and Opportunities: Final paper, "Technology Strategy Board", ~ (2013)
- Weber, R. H., "Legal Perspectives" (2010), Springer
- The Computer for the 21st Century, "Weiser, M.", Scientific American Ubicomp Paper after Sci Am editing, ~ (1991)
- Wright, P., "Internet of Things in the Cloud. Theory and Practice", CLOSER 2014, 4th International Conference on Cloud Computing and Services Science (2014)