Whose data is it anyway? Diverging perspectives in EU policy on the current and future role of the citizen in digital government

In European eGovernment and data policies, there is presently a strong focus on an active controlling role for the citizen. A modern citizen should be empowered to take charge of their data, both towards public administrations, and in the digital society in general. However, this creates certain tensions between the right to control one's own data, and the right to be protected against abuses. A citizen who is entirely free to make choices, may need to face unpleasant consequences when those choices prove harmful to their interests. Moreover, allowing the citizen to control their data can impede exchanges that are in the public interest – but which are not necessarily desired by the citizens themselves. European policies and European legislation in relation to digital data, including with respect to eGovernment, try to strike a careful balance between individual control and universal protection. It remains challenging none the less to find and implement suitable and consistent answers. This paper examines some of the principal choices that have been made in the past few years in the EU, how these choices are currently evolving, and what needs to be done to avoid or at least mitigate future difficulties.