European Union: European Commission submitted proposal for Data Act including rules on government access to data

On 23 February 2022, the European Commission introduced the "Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (EU Data Act)", as part of the EU Strategy for Data. The Act would allow public sector bodies, the European Commission, the European Central Bank, and other Union bodies to request access to data from private entities when there is an exceptional need, such as responding to a public emergency or fulfilling specific legal obligations. Such requests would be required to be substantiated by clear justification, to be proportionate to the specific circumstances, and to be explicitly delineated, including the specific data required, the intended use thereof, and the conditions under which it is to be erased.