Barbara Benkstein, September 26, 2024, EU Data Act

German Bundestag, Plenarprotokoll 20/188, pp. 24461-24462. 

Frau President. Right honorable ladies and gentlemen. Valued colleagues. 

We debate today a Union delegation motion for implementation of the EU Data Act. For a clarifying debate, it is nevertheless important to come to speak once again of the Data Act itself. This must by September 2025 be converted into the national law of the EU member states. 

Valued colleagues of the Union delegation, Frau colleague Hoppermann, in regards your motion, I see light as well as shadow. How do I come to this evaluation? 

Let us first look at the EU Data Act. As so often, the EU Commission also with the Data Act intervenes in the business and everyday life of the people. With the decree, it wants to break up the existing data oligopoly of the large tech concerns and facilitate the access of KMUs and start-ups to valuable, machine-readable data. From that, the Mittelstand also should profit. A thoroughly good goal! It remains to await how that actually in practice is implemented. 

Right honorable ladies and gentlemen, I want now to give attention to an important problem point of the EU Data Act. It remains unclear in regards the users’ right to the access of their data. Here should be distinguished between commercial and private users. Private users presumably rather have the interest that their data, when it is already uploaded, be stored only for a brief time. And thus the question occurs to me: Valued colleagues of the Union, will your motion, in view of these areas of tension, legislate the required implementation of the EU Data Act? 

Your motion for the implementation of the EU Data Act hides some of the Act’s deficiency; for example, the public emergency named in the text of the decree. By means of this, businesses can almost be compelled to make available their database to the pertinent authorities. 

Franziska Hoppermann (CDU/CSU): The Data Act has been decided. Nothing                       needs be hidden! 

I find this problematic in no place in your motion. 

The risk of an abusive data delivery in the name of a public emergency is not at all fabricated. Here is also required besides a clear definition of unmistakable enforcement regulations [Durchführungsbestimmungen]. 

Next critical point. Your demand to entrust the Federal Network Authority with the role of a data coordinator, we view critically. As a Federal supervisory authority, the Federal Network Agency belongs to the operating area of the Federal Ministry for the Economy and Climate Protection. Thus the independence is limited, despite all the bundled professional competence. We thus hold it better to create an autonomous office for data coordination, as for example is the case with the Federal Commissioner for Data Protection and Freedom of Information. 

            Franziska Hoppermann (CDU/CSU): Who is meanwhile a woman!

Right honorable ladies and gentlemen, a strengthening of the German digital economy’s innovation and competition capability is unquestionably important. This however is in direct relation with the performance capability of a modern society and also with the digital rights of the consumer. These are not appropriately valued by the Union’s motion, as well by the EU Commission. Valued colleagues of the Union, you in your motion thereby fritter away the possibility of at least partially removing the Data Act’s weaknesses by its implementation in national law. 

So far, I still see in your motion some shady sides which we in the digital committee can in common polish. 

Many thanks. 

 

[trans: tem]

Barbara Benkstein, June 28, 2024, Artificial Intelligence

German Bundestag, Plenarprotokoll 20/179, pp. 23264-23265. 

Frau President. Right honorable ladies and gentlemen. Valued colleagues. 

After a good nine months, we here in plenary session again deliberate on the Union motion for a strengthening of Artificial Intelligence as a key technology for Germany. After nine months, it certainly can be expected that a new thought or a new idea will be born. Yet unfortunately, despite a thorough, orderly description of the problem: A zero return in your motion. 

Ladies and gentlemen, what becomes clear here, and what is it actually about? It’s about no more and yet no less than Germany’s role in the AI and data market. So as to bring it to three points: First, start-ups and KMU [Kleine und Mittlere Unternehmen, small and mid-sized business] require free development possibilities without sprawling bureaucratic impediments. Instead is required, second, more innovation and knowledge transfer, and with that, third, a durable business model with scaling perspectives. 

The 2024 Federal Research and Innovation Report, which here yesterday in plenary session was already presented, lays the finger in the wound. In regards the themes of data and AI, the Federal government neglects the necessary computing infrastructure. It does not do to rebuke the without question splendid achievements of German research institutions in the AI area. 

We in Germany have no recognition or knowledge problem when we speak of AI. Yet, right honorable ladies and gentlemen, what is lacking is a secure, stable computing infrastructure so as to train the algorithms of quite promising start-ups and KMU. For that, these so far need to use the services of large hyperscalers, with the real risks that their training data does not remain exclusively with them. The local supercomputers, for instance in Jülich, Garching or Stuttgart, are primarily computers for science which are only at limited disposal for young business customers. 

There continues to be lacking in Germany a securely financed AI infrastructure. The AI-Federal Association LEAM [large European AI models] initiative figures the construction costs of one such at around 300 million euros. The Federal government, which so gladly styles itself as progressive coalition, has so far kept from view this practical stimulus. To name this refusal is the duty of a constructive opposition. 

The coalition, continues to appear to be, ja, of good cheer to decide in the coming weeks in cabinet the draft budget for 2025. For the digital, data and AI policy, the budget is allowed to become a tragedy: Reductions here, eliminations there, minimal investments. How, with that, valued ladies and gentlemen, shall be strengthened Germany’s role in regards the key technology of AI, remains a secret. 

            Otto Fricke (FDP): The AfD wants to expend more money! Always good!

And the once loudly announced digital budget was in the meantime well buried. Or will the government still apply itself, valued Herr colleague Broadcasting Kaiser? 

As was already adhered to last autumn in this place: Your motion, valued colleagues of the Union, aims in the right direction. It nevertheless is lacking in exactitude and consistency. We therefore will abstain. Our offer, after the coming Bundestag election in a coalition of the reasonable to deal with the AI theme with corresponding priority, stands as before.

Many thanks. 

 

[trans: tem]