Legal Aspects of Governing the Commons and Technical Challenges of Smart City Development

Abstract

"A modern city is considered a 'system of systems': a technological center that concentrates data of all objects and entities, especially citizens, influencing the condition of the city. The question to be asked is whether the idea of technological centralization must necessarily mean or inevitably lead to the centralization of legal sphere. This question also stands before national legislators and decision-makers at the EU level. The European Parliament noted in its 2014 and 2017 reports that a smart city is not only made up of technological solutions, but above all of people who should influence the city's development. Hence, among the goals to be met by an optimal smart city project, EU considers the growth of bottom-up initiatives. Proposed projects and ideas of smart city pose a number of questions in this respect: how to shape legal standards of mobile technology, IoT, etc., how to unify technical standards, and the most important, how to adjust the ownership structure of new technologies so as to meet the requirements of stable urban development, and to address the need for privacy and security that are exposed to greater risk in each integrated network. The paper will analyze legal solutions used in the past and those currently used that can facilitate engagement of citizens in developing smart city, and can influence a proper ownership model of smart technology which is decisive for privacy and security issues."