The Scotsman

Infrastruc­ture sector must get to grips with data

There is often uncertaint­y in who owns the data captured by the infratech assets

- l Anne- Marie Friel, partner and expert in infrastruc­ture project contracts at legal firm Pinsent Masons. Comment AnneMarie Friel

Infrastruc­ture companies need to become adept at handling and using data and managing cyber risk to exploit opportunit­ies in “infratech” projects and comply with stringent new regulation­s.

While technology or financial services firms have developed a culture of handling data properly and adopted best practice on cybersecur­ity, these are new challenges for infrastruc­ture companies more used to handling materials than data.

However, if they are going to take advantage of the convergenc­e of physical infrastruc­ture and digital technologi­es – otherwise known as infratech – they must get to grips with this new landscape.

Infratech is already being deployed to improve the operation and performanc­e of infrastruc­ture assets. For example, motorways are being fitted with smart technology to help manage traffic flows. The infratech era is spurring a growth in collaborat­ion between infrastruc­ture owners, operators and technology firms, but there is often uncertaint­y in who owns the data captured.

A Pinsent Masons report, The Evolution of Infratech, highlighte­d a mix of views within the infrastruc­ture and technology sectors about who typically owns data in infratech projects and who should own that data. The survey found that 91 per cent of respondent­s want an “open access” approach to data among collaborat­ion partners, but in reality just 62 per cent of projects operated such a model.

The survey also showed that 38 per cent of respondent­s from technology companies and 34 per cent from infrastruc­ture businesses identified agreeing data requiremen­ts or standards in infratech projects as a challenge.

What is clear is that infrastruc­ture companies must get a handle on capturing and analysing data to stay relevant in the developing market, and that they must do so in a way that meets the requiremen­ts of data protection law, because some of the data captured through infratech could be classed as personal data.

In Europe, current data protection laws have been in place since 1995. From May next year more stringent require - ments will begin to apply in the UK with the General Data Protection Regulation ( GDPR) setting conditions for processing personal data, and providing for a number of rights for data subjects in relation to the accessing, rectificat­ion and erasure of personal data which is held about them.

In some cases, infrastruc­ture companies’ cybersecur­ity obligation­s will extend beyond the realms of keeping personal data secure, and fall within the scope of the EU’S new Network and Informatio­n Security ( NIS) Directive. National laws imple - menting the NIS Directive must be in place by 9 May 2018. Fines of up to £ 17 million or 4 per cent of a firm’s global turnover, whichever is higher, could be imposed for loss of service if the operator has not taken steps to guard against the risk of the likes of cyber attacks, power failures and environmen­tal hazards.

Compliance for infrastruc­ture companies may be seen as similar to the shift in culture, policies and practices that was required to meet the requiremen­ts of health and safe - ty regulation. The principles of compliance between the two distinct regimes are similar: increased documentat­ion; emphasis on staff training; security on- site; transparen­cy over breaches.

Compliance may involve a significan­t amount of work for a sector not used to operating with data and cyber issues at its core, but it is encouragin­g that many companies have already begun to prepare. Infrastruc­ture operators that meet the challenges will not only reduce risk from damaging fines and reputation­al damage, but will have the type of data and systems- handling operations that will open up their business to the opportunit­ies that infratech presents.

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