Plateformes digitales et États: la corégulation par les données. Le cas des requêtes gouvernementales

Julie Charpenet

Revue internationale de droit économique, 2019, vol. t. XXXIII, issue 3, 363-381

Abstract: This contribution aims to illustrate the institutionalization of the relationship between digital platforms and public authorities in the case of governmental requests. As technical holders of the data of their billions of users, platforms have become unavoidable tools for public policies. This puts them in a particularly strategic and advantageous position. The global standardization of the procedure for accessing data by the big digital platforms, as well as the increase of litigations against governments in the name of their users, are the symptoms of a dialectical movement between cooperation and distrust. There then arises a dialectics between the platforms and public authorities, in which data are the leverage. Data become in many ways the shield between public authorities and individuals. Imbued with implicit economic interests, a coregulatory model appears, with multiple manifestations. It would appear that a third variable has been added to the traditional and perpetual equation between the protection of private life and national security: that of economic growth.

Keywords: digital data; digital platforms; governmental request; global standardization; Cloud Act; E-evidence; competing jurisdictions; datacracy (search for similar items in EconPapers)
Date: 2019
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