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Article
Peer-Review Record

The Legal Complexities of Processing and Protecting Personal Data in the Electricity Sector

Energies 2022, 15(3), 1088; https://doi.org/10.3390/en15031088
by Saskia Lavrijssen 1,*, Brenda Espinosa Apráez 1 and Thijs ten Caten 2
Reviewer 1: Anonymous
Reviewer 2: Anonymous
Reviewer 3: Anonymous
Reviewer 4: Anonymous
Reviewer 5: Anonymous
Energies 2022, 15(3), 1088; https://doi.org/10.3390/en15031088
Submission received: 5 November 2021 / Revised: 6 January 2022 / Accepted: 29 January 2022 / Published: 1 February 2022

Round 1

Reviewer 1 Report

The subject of the article is interesting, but the presentation is too extensive. In my opinion, definitions of well-known terms have been unnecessarily provided. Many thoughts have been repeated unnecessarily several times. 

Author Response

Dear Reviewers,

 

Many thanks for reading our paper and for your constructive feedback. We have read your comments carefully and most of them have been incorporated/addressed in the revised version.

It is relevant to note that, in consultation with the editor of the special issue Selected Papers on Energy Infrastructures from the International Symposium for Next Generation Infrastructure 2021 (ISNGI 2021), we have omitted the comments regarding the fitting of our paper (being a work of legal research) in the Energies Journal. We have also omitted the comments that suggested adding literature or methodological approaches that go beyond the scope of our paper and our field of research.

For the sake of clarity, in the table below we explain how we have addressed the comments from each reviewer in the revised version of our paper.

 

Reviewer

Comment from reviewers

How it was addressed

1

The subject of the article is interesting, but the presentation is too extensive. In my opinion, definitions of well-known terms have been unnecessarily provided. Many thoughts have been repeated unnecessarily several times. 

 

The text was revised and adjusted to avoid repetitions and unnecessary definitions.

2

Section 3.3. There are much more energy businesses/services that smart metering can enable and that will be impacted by the GDPR. Some of the businesses/services not covered are the following: 1) the participation of aggregators of prosumers in wholesale electricity markets [1,2]. As described in [1,2], this new business model requires the exchange of data between prosumers and aggregators; 2) the coordination between smart grid agents to ensure secure power system operation [2,3]. As described in [2,3], prosumers may need to share information with DSOs, TSOs, aggregators, and market operators to ensure the secure operation of the power system; energy efficiency apps, such as [4,5], to promote the adoption of energy efficiency behaviours. These topics should be reviewed and discussed in the paper.

 

1] Robust optimization for day-ahead market participation of smart-home aggregators. Applied Energy 2018;229:433–45. https://doi.org/10.1016/j.apenergy.2018.07.120.

[2]  Network-constrained bidding optimization strategy for aggregators of prosumers. Energy 2020;207:118266. https://doi.org/10.1016/j.energy.2020.118266.

[3] Coordination between transmission and distribution system operators in the electricity sector: A conceptual framework. Utilities Policy 2018;50:40–8. https://doi.org/10.1016/j.jup.2017.09.011.

[4] A gamification platform to foster energy efficiency in office buildings. Energy and Buildings 2020;222:110101. https://doi.org/10.1016/j.enbuild.2020.110101.

 

It is important to note that the goal of this contribution was not to provide an exhaustive overview of all the innovations or business cases making use of smart meter data that may be impacted by the GDPR. What we wanted to highlight in section 3 is the growing need to process personal data in the electricity sector, which triggers the application of the GDPR in addition to the Recast Electricity Directive.

We clarified this in the revised version of the paper, acknowledging that there are other innovative businesses based on smart meter data, and added references to sources referring to them, including sources suggested by the reviewer.

2

Section 5.3. The DSO is not responsible for balancing demand and supply. This is the responsibility of the TSO. This must be corrected

Many thanks for spotting this. This has been corrected in the text.

2

Why did the authors only analyse P2P technologies in section 6? Technologies and services based on aggregators and mobile apps are not discussed in section 6. However, they are discussed throughout the paper.

 

P2P trading is only an example used in the paper to illustrate that certain innovations/emerging businesses might make use of technology that is not (yet) fully compatible with the GDPR and that this is something that should be addressed by policymakers and/or by the industry when designing the technologies.

3

… the purpose of the article is not clearly stated. The purpose of the article can be guessed from the abstract. The purpose of the article should be in the introduction, where its obvious place is. The purpose of the article as presented in the abstract and in the introduction should read the same. The lack of a clear purpose creates confusion for the reader.

Introduction is effective, clear and well organized. This section introduce and put into perspective what follows. The literature selection is also correct. The scope and manner of using the literature on the subject (in this section) are not objectionable. But I suggest develop a background indicating a research gap, and present what is novel and why it is significant.

The general structure of the reviewed article is correct. The order of the individual subsections and the content presented in them are also correct. But the Authors did not formulate research questions or hypotheses, which decreases the scientific value of the article.

In addition, the section on research methodology have to be developed. In my opinion, developing the second section (by presenting the research problem, presenting the assumptions of the research process and the description of the applied research methods and tools) is necessary for the scientific values ​​of the reviewed article. There is also a lack of definition of the research period, or at least an indication of the period in which the legal status was analysed.

 

In the reviewed article the description of the research methodology is contained in one long compound sentence. This contributes to the low scientific value of the study.
Furthermore, it is first necessary to clarify what the doctrinal method actually is. In the literature on methodology, one encounters divergence as to what is being studied through the doctrinal method.

 

 

·        The purpose, contribution and novelty of the paper have been clarified/sharpened in the Introduction in the revised version.

·        A research question was already present in the original Introduction. We have given it more prominence in the revised version.

·        The methodology section has been expanded to explain better what doctrinal legal research entails, and the approach followed in the submitted paper.

·        A note regarding the date until which legal developments have been followed has been included in the methodology section.

Reviewer 4

  1. The abstract must contain the main purpose of the paper, the research method used in the research and the main contributions.
  2. It would be very useful to add in the "Introduction" section the purpose, objectives and hypothesis of the research.
  3. The introduction should specify the novelty of the paper compared to other papers published in this area.

 

·        1, The abstract has been edited to reflect the main purpose of the paper, the research method and main contributions.

·        2 and 3: The purpose, contribution and novelty of the paper have been clarified in the Introduction in the revised version.

 

Reviewer 4

I recommend the authors to modify the titles of some paragraphs that have identical names although they have different content, namely: 4.1 and 5.1; 4.2 and 5.2; 4.3 and 5.3; 4.5 and 5.5; 6.1 with Introduction from the beginning of the paper.

Thanks for this suggestion, the headings have been changed to avoid repetitions

Reviewer 5

- I would also like to see a well-developed discussion comparing and contrasting solution/results presented in the work with existing work and then a subsection of it presenting contributions to theory/knowledge/literature and followed by a subsection on “Implications for practice”.

 

Existing literature on the topic has been explicitly mentioned in the introduction and it has been indicated that this contribution builds upon it and adds to it.

A note on the relevance of this research beyond academic readership (for practitioners, regulators, etc) has been included in the introduction.

Reviewer 5

- The entire article is chaotically formatted and edited. For instance, there are used different fonts and font sizes, additional spaces between rows (paragraphs).

 

Thanks for spotting this, we have tried to fix it.

 

Reviewer 2 Report

This paper studies the impact that data protection laws may have on energy innovation in Europe. The comments of the reviewer are presented next:

  1. The paper is interesting.
  2. Section 3.3. There are much more energy businesses/services that smart metering can enable and that will be impacted by the GDPR. Some of the businesses/services not covered are the following: 1) the participation of aggregators of prosumers in wholesale electricity markets [1,2]. As described in [1,2], this new business model requires the exchange of data between prosumers and aggregators; 2) the coordination between smart grid agents to ensure secure power system operation [2,3]. As described in [2,3], prosumers may need to share information with DSOs, TSOs, aggregators, and market operators to ensure the secure operation of the power system; energy efficiency apps, such as [4,5], to promote the adoption of energy efficiency behaviours. These topics should be reviewed and discussed in the paper.
  3. Section 5.3. The DSO is not responsible for balancing demand and supply. This is the responsibility of the TSO. This must be corrected.
  4. Why did the authors only analyse P2P technologies in section 6? Technologies and services based on aggregators and mobile apps are not discussed in section 6. However, they are discussed throughout the paper.

 

[1] Robust optimization for day-ahead market participation of smart-home aggregators. Applied Energy 2018;229:433–45. https://doi.org/10.1016/j.apenergy.2018.07.120.

[2]  Network-constrained bidding optimization strategy for aggregators of prosumers. Energy 2020;207:118266. https://doi.org/10.1016/j.energy.2020.118266.

[3] Coordination between transmission and distribution system operators in the electricity sector: A conceptual framework. Utilities Policy 2018;50:40–8. https://doi.org/10.1016/j.jup.2017.09.011.

[4] A gamification platform to foster energy efficiency in office buildings. Energy and Buildings 2020;222:110101. https://doi.org/10.1016/j.enbuild.2020.110101.

[5] Developing a gamified mobile application to encourage sustainable energy use in the office. Journal of Business Research 2020;106:388–405. https://doi.org/10.1016/j.jbusres.2018.10.051.

 

Author Response

Dear Reviewers,

 

Many thanks for reading our paper and for your constructive feedback. We have read your comments carefully and most of them have been incorporated/addressed in the revised version.

It is relevant to note that, in consultation with the editor of the special issue Selected Papers on Energy Infrastructures from the International Symposium for Next Generation Infrastructure 2021 (ISNGI 2021), we have omitted the comments regarding the fitting of our paper (being a work of legal research) in the Energies Journal. We have also omitted the comments that suggested adding literature or methodological approaches that go beyond the scope of our paper and our field of research.

For the sake of clarity, in the table below we explain how we have addressed the comments from each reviewer in the revised version of our paper.

 

Reviewer

Comment from reviewers

How it was addressed

1

The subject of the article is interesting, but the presentation is too extensive. In my opinion, definitions of well-known terms have been unnecessarily provided. Many thoughts have been repeated unnecessarily several times. 

 

The text was revised and adjusted to avoid repetitions and unnecessary definitions.

2

Section 3.3. There are much more energy businesses/services that smart metering can enable and that will be impacted by the GDPR. Some of the businesses/services not covered are the following: 1) the participation of aggregators of prosumers in wholesale electricity markets [1,2]. As described in [1,2], this new business model requires the exchange of data between prosumers and aggregators; 2) the coordination between smart grid agents to ensure secure power system operation [2,3]. As described in [2,3], prosumers may need to share information with DSOs, TSOs, aggregators, and market operators to ensure the secure operation of the power system; energy efficiency apps, such as [4,5], to promote the adoption of energy efficiency behaviours. These topics should be reviewed and discussed in the paper.

 

1] Robust optimization for day-ahead market participation of smart-home aggregators. Applied Energy 2018;229:433–45. https://doi.org/10.1016/j.apenergy.2018.07.120.

[2]  Network-constrained bidding optimization strategy for aggregators of prosumers. Energy 2020;207:118266. https://doi.org/10.1016/j.energy.2020.118266.

[3] Coordination between transmission and distribution system operators in the electricity sector: A conceptual framework. Utilities Policy 2018;50:40–8. https://doi.org/10.1016/j.jup.2017.09.011.

[4] A gamification platform to foster energy efficiency in office buildings. Energy and Buildings 2020;222:110101. https://doi.org/10.1016/j.enbuild.2020.110101.

 

It is important to note that the goal of this contribution was not to provide an exhaustive overview of all the innovations or business cases making use of smart meter data that may be impacted by the GDPR. What we wanted to highlight in section 3 is the growing need to process personal data in the electricity sector, which triggers the application of the GDPR in addition to the Recast Electricity Directive.

We clarified this in the revised version of the paper, acknowledging that there are other innovative businesses based on smart meter data, and added references to sources referring to them, including sources suggested by the reviewer.

2

Section 5.3. The DSO is not responsible for balancing demand and supply. This is the responsibility of the TSO. This must be corrected

Many thanks for spotting this. This has been corrected in the text.

2

Why did the authors only analyse P2P technologies in section 6? Technologies and services based on aggregators and mobile apps are not discussed in section 6. However, they are discussed throughout the paper.

 

P2P trading is only an example used in the paper to illustrate that certain innovations/emerging businesses might make use of technology that is not (yet) fully compatible with the GDPR and that this is something that should be addressed by policymakers and/or by the industry when designing the technologies.

3

… the purpose of the article is not clearly stated. The purpose of the article can be guessed from the abstract. The purpose of the article should be in the introduction, where its obvious place is. The purpose of the article as presented in the abstract and in the introduction should read the same. The lack of a clear purpose creates confusion for the reader.

Introduction is effective, clear and well organized. This section introduce and put into perspective what follows. The literature selection is also correct. The scope and manner of using the literature on the subject (in this section) are not objectionable. But I suggest develop a background indicating a research gap, and present what is novel and why it is significant.

The general structure of the reviewed article is correct. The order of the individual subsections and the content presented in them are also correct. But the Authors did not formulate research questions or hypotheses, which decreases the scientific value of the article.

In addition, the section on research methodology have to be developed. In my opinion, developing the second section (by presenting the research problem, presenting the assumptions of the research process and the description of the applied research methods and tools) is necessary for the scientific values ​​of the reviewed article. There is also a lack of definition of the research period, or at least an indication of the period in which the legal status was analysed.

 

In the reviewed article the description of the research methodology is contained in one long compound sentence. This contributes to the low scientific value of the study.
Furthermore, it is first necessary to clarify what the doctrinal method actually is. In the literature on methodology, one encounters divergence as to what is being studied through the doctrinal method.

 

 

·        The purpose, contribution and novelty of the paper have been clarified/sharpened in the Introduction in the revised version.

·        A research question was already present in the original Introduction. We have given it more prominence in the revised version.

·        The methodology section has been expanded to explain better what doctrinal legal research entails, and the approach followed in the submitted paper.

·        A note regarding the date until which legal developments have been followed has been included in the methodology section.

Reviewer 4

  1. The abstract must contain the main purpose of the paper, the research method used in the research and the main contributions.
  2. It would be very useful to add in the "Introduction" section the purpose, objectives and hypothesis of the research.
  3. The introduction should specify the novelty of the paper compared to other papers published in this area.

 

·        1, The abstract has been edited to reflect the main purpose of the paper, the research method and main contributions.

·        2 and 3: The purpose, contribution and novelty of the paper have been clarified in the Introduction in the revised version.

 

Reviewer 4

I recommend the authors to modify the titles of some paragraphs that have identical names although they have different content, namely: 4.1 and 5.1; 4.2 and 5.2; 4.3 and 5.3; 4.5 and 5.5; 6.1 with Introduction from the beginning of the paper.

Thanks for this suggestion, the headings have been changed to avoid repetitions

Reviewer 5

- I would also like to see a well-developed discussion comparing and contrasting solution/results presented in the work with existing work and then a subsection of it presenting contributions to theory/knowledge/literature and followed by a subsection on “Implications for practice”.

 

Existing literature on the topic has been explicitly mentioned in the introduction and it has been indicated that this contribution builds upon it and adds to it.

A note on the relevance of this research beyond academic readership (for practitioners, regulators, etc) has been included in the introduction.

Reviewer 5

- The entire article is chaotically formatted and edited. For instance, there are used different fonts and font sizes, additional spaces between rows (paragraphs).

 

Thanks for spotting this, we have tried to fix it.

 

Reviewer 3 Report

In the article "The legal complexities of processing and protecting personal data in the electricity sector", the Authors made an attempt to assess the interaction between EU energy legislation and data protection legislation. The topic of the article is embedded in the field of legal sciences. The article only indirectly fits into the theme of Energies journal.

The title of the article corresponds to its content. The abstract and keywords also match the content of the article. The abstract outlines the contribution of the paper (the research design, the main results).

But the purpose of the article is not clearly stated. The purpose of the article can be guessed from the abstract. The purpose of the article should be in the introduction, where its obvious place is. The purpose of the article as presented in the abstract and in the introduction should read the same. The lack of a clear purpose creates confusion for the reader.

Introduction is effective, clear and well organized. This section introduce and put into perspective what follows. The literature selection is also correct. The scope and manner of using the literature on the subject (in this section) are not objectionable. But I suggest develop a background indicating a research gap, and present what is novel and why it is significant.

The general structure of the reviewed article is correct. The order of the individual subsections and the content presented in them are also correct. But the Authors did not formulate research questions or hypotheses, which decreases the scientific value of the article.

In addition, the section on research methodology have to be developed. In my opinion, developing the second section (by presenting the research problem, presenting the assumptions of the research process and the description of the applied research methods and tools) is necessary for the scientific values ​​of the reviewed article. There is also a lack of definition of the research period, or at least an indication of the period in which the legal status was analysed.

In the reviewed article the description of the research methodology is contained in one long compound sentence. This contributes to the low scientific value of the study.
Furthermore, it is first necessary to clarify what the doctrinal method actually is. In the literature on methodology, one encounters divergence as to what is being studied through the doctrinal method.

The conclusion does not contain evaluation and exact description of achieved results has not been compared with previously completed research. Conclusions are supported by research results but have not been compared with the publications of other authors.

The language of the article corresponds to the correctness criteria used in scientific statements. The language is clear. But I do not feel an expert in assessing the language quality of the article. I suggest having the manuscript proof read and edited before submitting.

The article may be of little interest to non-lawyer readers. In my opinion the paper will not attract a wide readership and be of interest only to a limited number of people. The article is not a significant contribution to science.

Author Response

Dear Reviewers,

 

Many thanks for reading our paper and for your constructive feedback. We have read your comments carefully and most of them have been incorporated/addressed in the revised version.

It is relevant to note that, in consultation with the editor of the special issue Selected Papers on Energy Infrastructures from the International Symposium for Next Generation Infrastructure 2021 (ISNGI 2021), we have omitted the comments regarding the fitting of our paper (being a work of legal research) in the Energies Journal. We have also omitted the comments that suggested adding literature or methodological approaches that go beyond the scope of our paper and our field of research.

For the sake of clarity, in the table below we explain how we have addressed the comments from each reviewer in the revised version of our paper.

 

Reviewer

Comment from reviewers

How it was addressed

1

The subject of the article is interesting, but the presentation is too extensive. In my opinion, definitions of well-known terms have been unnecessarily provided. Many thoughts have been repeated unnecessarily several times. 

 

The text was revised and adjusted to avoid repetitions and unnecessary definitions.

2

Section 3.3. There are much more energy businesses/services that smart metering can enable and that will be impacted by the GDPR. Some of the businesses/services not covered are the following: 1) the participation of aggregators of prosumers in wholesale electricity markets [1,2]. As described in [1,2], this new business model requires the exchange of data between prosumers and aggregators; 2) the coordination between smart grid agents to ensure secure power system operation [2,3]. As described in [2,3], prosumers may need to share information with DSOs, TSOs, aggregators, and market operators to ensure the secure operation of the power system; energy efficiency apps, such as [4,5], to promote the adoption of energy efficiency behaviours. These topics should be reviewed and discussed in the paper.

 

1] Robust optimization for day-ahead market participation of smart-home aggregators. Applied Energy 2018;229:433–45. https://doi.org/10.1016/j.apenergy.2018.07.120.

[2]  Network-constrained bidding optimization strategy for aggregators of prosumers. Energy 2020;207:118266. https://doi.org/10.1016/j.energy.2020.118266.

[3] Coordination between transmission and distribution system operators in the electricity sector: A conceptual framework. Utilities Policy 2018;50:40–8. https://doi.org/10.1016/j.jup.2017.09.011.

[4] A gamification platform to foster energy efficiency in office buildings. Energy and Buildings 2020;222:110101. https://doi.org/10.1016/j.enbuild.2020.110101.

 

It is important to note that the goal of this contribution was not to provide an exhaustive overview of all the innovations or business cases making use of smart meter data that may be impacted by the GDPR. What we wanted to highlight in section 3 is the growing need to process personal data in the electricity sector, which triggers the application of the GDPR in addition to the Recast Electricity Directive.

We clarified this in the revised version of the paper, acknowledging that there are other innovative businesses based on smart meter data, and added references to sources referring to them, including sources suggested by the reviewer.

2

Section 5.3. The DSO is not responsible for balancing demand and supply. This is the responsibility of the TSO. This must be corrected

Many thanks for spotting this. This has been corrected in the text.

2

Why did the authors only analyse P2P technologies in section 6? Technologies and services based on aggregators and mobile apps are not discussed in section 6. However, they are discussed throughout the paper.

 

P2P trading is only an example used in the paper to illustrate that certain innovations/emerging businesses might make use of technology that is not (yet) fully compatible with the GDPR and that this is something that should be addressed by policymakers and/or by the industry when designing the technologies.

3

… the purpose of the article is not clearly stated. The purpose of the article can be guessed from the abstract. The purpose of the article should be in the introduction, where its obvious place is. The purpose of the article as presented in the abstract and in the introduction should read the same. The lack of a clear purpose creates confusion for the reader.

Introduction is effective, clear and well organized. This section introduce and put into perspective what follows. The literature selection is also correct. The scope and manner of using the literature on the subject (in this section) are not objectionable. But I suggest develop a background indicating a research gap, and present what is novel and why it is significant.

The general structure of the reviewed article is correct. The order of the individual subsections and the content presented in them are also correct. But the Authors did not formulate research questions or hypotheses, which decreases the scientific value of the article.

In addition, the section on research methodology have to be developed. In my opinion, developing the second section (by presenting the research problem, presenting the assumptions of the research process and the description of the applied research methods and tools) is necessary for the scientific values ​​of the reviewed article. There is also a lack of definition of the research period, or at least an indication of the period in which the legal status was analysed.

 

In the reviewed article the description of the research methodology is contained in one long compound sentence. This contributes to the low scientific value of the study.
Furthermore, it is first necessary to clarify what the doctrinal method actually is. In the literature on methodology, one encounters divergence as to what is being studied through the doctrinal method.

 

 

·        The purpose, contribution and novelty of the paper have been clarified/sharpened in the Introduction in the revised version.

·        A research question was already present in the original Introduction. We have given it more prominence in the revised version.

·        The methodology section has been expanded to explain better what doctrinal legal research entails, and the approach followed in the submitted paper.

·        A note regarding the date until which legal developments have been followed has been included in the methodology section.

Reviewer 4

  1. The abstract must contain the main purpose of the paper, the research method used in the research and the main contributions.
  2. It would be very useful to add in the "Introduction" section the purpose, objectives and hypothesis of the research.
  3. The introduction should specify the novelty of the paper compared to other papers published in this area.

 

·        1, The abstract has been edited to reflect the main purpose of the paper, the research method and main contributions.

·        2 and 3: The purpose, contribution and novelty of the paper have been clarified in the Introduction in the revised version.

 

Reviewer 4

I recommend the authors to modify the titles of some paragraphs that have identical names although they have different content, namely: 4.1 and 5.1; 4.2 and 5.2; 4.3 and 5.3; 4.5 and 5.5; 6.1 with Introduction from the beginning of the paper.

Thanks for this suggestion, the headings have been changed to avoid repetitions

Reviewer 5

- I would also like to see a well-developed discussion comparing and contrasting solution/results presented in the work with existing work and then a subsection of it presenting contributions to theory/knowledge/literature and followed by a subsection on “Implications for practice”.

 

Existing literature on the topic has been explicitly mentioned in the introduction and it has been indicated that this contribution builds upon it and adds to it.

A note on the relevance of this research beyond academic readership (for practitioners, regulators, etc) has been included in the introduction.

Reviewer 5

- The entire article is chaotically formatted and edited. For instance, there are used different fonts and font sizes, additional spaces between rows (paragraphs).

 

Thanks for spotting this, we have tried to fix it.

 

Reviewer 4 Report

Dear Authors,

I believe you have touched a very interesting issue by focusing on the interaction between the General Data Protection Regulation (GDPR) and the Directive (EU) 2019/944 on common rules for the internal market for electricity in the European Union. Your study tackles a hot topic nowadays, especially taking into account the current energy crisis and its toll on production companies such as energy. Topics within this framework certainly need to be investigated and examined further to expand scientific as well as practical knowledge. The manuscript needs revisions in terms of content, in accordance with the academic standards of the journal. Please find these comments in the following paragraphs.

 

General Comments

From my point of view, it is a very interesting topic and simultaneously it seems that to the best of my knowledge is monitoring the interaction between the General Data Protection Regulation (GDPR) and the Directive (EU) 2019/944 on common rules for the internal market for electricity in the European Union. The paper consists of five sections: Introduction, Methodology and structure of the article, Technological developments based on personal data that can contribute to the energy transition, Analysis of the GDPR, Analysis of the Recast Electricity Directive, Interactions and possible tensions between the Recast Electricity Directive and the GDPR and Conclusions.

However, I have some recommendations:

  1. The abstract must contain the main purpose of the paper, the research method used in the research and the main contributions.
  2. It would be very useful to add in the "Introduction" section the purpose, objectives and hypothesis of the research.
  3. The introduction should specify the novelty of the paper compared to other papers published in this area.
  4. The literature is not enough and that is why I would recommend the authors to refer to other recent works indexed in Web of Science and MDPI Journals. We suggest that the authors cite papers published in MDPI journals and Web of Science Journals, such as:

Batrancea, L. (2021) An Econometric Approach Regarding the Impact of Fiscal Pressure on Equilibrium: Evidence from Electricity, Gas and Oil Companies Listed on the New York Stock Exchange,  Mathematics 9, no. 6: 630. https://doi.org/10.3390/math9060630.

5. I recommend the authors to modify the titles of some paragraphs that have identical names although they have different content, namely: 4.1 and 5.1; 4.2 and 5.2; 4.3 and 5.3; 4.5 and 5.5; 6.1 with Introduction from the beginning of the paper.

6. I recommend the authors to present at least one case study for this research, which should not lack an econometric model.

Author Response

Dear Reviewers,

 

Many thanks for reading our paper and for your constructive feedback. We have read your comments carefully and most of them have been incorporated/addressed in the revised version.

It is relevant to note that, in consultation with the editor of the special issue Selected Papers on Energy Infrastructures from the International Symposium for Next Generation Infrastructure 2021 (ISNGI 2021), we have omitted the comments regarding the fitting of our paper (being a work of legal research) in the Energies Journal. We have also omitted the comments that suggested adding literature or methodological approaches that go beyond the scope of our paper and our field of research.

For the sake of clarity, in the table below we explain how we have addressed the comments from each reviewer in the revised version of our paper.

 

Reviewer

Comment from reviewers

How it was addressed

1

The subject of the article is interesting, but the presentation is too extensive. In my opinion, definitions of well-known terms have been unnecessarily provided. Many thoughts have been repeated unnecessarily several times. 

 

The text was revised and adjusted to avoid repetitions and unnecessary definitions.

2

Section 3.3. There are much more energy businesses/services that smart metering can enable and that will be impacted by the GDPR. Some of the businesses/services not covered are the following: 1) the participation of aggregators of prosumers in wholesale electricity markets [1,2]. As described in [1,2], this new business model requires the exchange of data between prosumers and aggregators; 2) the coordination between smart grid agents to ensure secure power system operation [2,3]. As described in [2,3], prosumers may need to share information with DSOs, TSOs, aggregators, and market operators to ensure the secure operation of the power system; energy efficiency apps, such as [4,5], to promote the adoption of energy efficiency behaviours. These topics should be reviewed and discussed in the paper.

 

1] Robust optimization for day-ahead market participation of smart-home aggregators. Applied Energy 2018;229:433–45. https://doi.org/10.1016/j.apenergy.2018.07.120.

[2]  Network-constrained bidding optimization strategy for aggregators of prosumers. Energy 2020;207:118266. https://doi.org/10.1016/j.energy.2020.118266.

[3] Coordination between transmission and distribution system operators in the electricity sector: A conceptual framework. Utilities Policy 2018;50:40–8. https://doi.org/10.1016/j.jup.2017.09.011.

[4] A gamification platform to foster energy efficiency in office buildings. Energy and Buildings 2020;222:110101. https://doi.org/10.1016/j.enbuild.2020.110101.

 

It is important to note that the goal of this contribution was not to provide an exhaustive overview of all the innovations or business cases making use of smart meter data that may be impacted by the GDPR. What we wanted to highlight in section 3 is the growing need to process personal data in the electricity sector, which triggers the application of the GDPR in addition to the Recast Electricity Directive.

We clarified this in the revised version of the paper, acknowledging that there are other innovative businesses based on smart meter data, and added references to sources referring to them, including sources suggested by the reviewer.

2

Section 5.3. The DSO is not responsible for balancing demand and supply. This is the responsibility of the TSO. This must be corrected

Many thanks for spotting this. This has been corrected in the text.

2

Why did the authors only analyse P2P technologies in section 6? Technologies and services based on aggregators and mobile apps are not discussed in section 6. However, they are discussed throughout the paper.

 

P2P trading is only an example used in the paper to illustrate that certain innovations/emerging businesses might make use of technology that is not (yet) fully compatible with the GDPR and that this is something that should be addressed by policymakers and/or by the industry when designing the technologies.

3

… the purpose of the article is not clearly stated. The purpose of the article can be guessed from the abstract. The purpose of the article should be in the introduction, where its obvious place is. The purpose of the article as presented in the abstract and in the introduction should read the same. The lack of a clear purpose creates confusion for the reader.

Introduction is effective, clear and well organized. This section introduce and put into perspective what follows. The literature selection is also correct. The scope and manner of using the literature on the subject (in this section) are not objectionable. But I suggest develop a background indicating a research gap, and present what is novel and why it is significant.

The general structure of the reviewed article is correct. The order of the individual subsections and the content presented in them are also correct. But the Authors did not formulate research questions or hypotheses, which decreases the scientific value of the article.

In addition, the section on research methodology have to be developed. In my opinion, developing the second section (by presenting the research problem, presenting the assumptions of the research process and the description of the applied research methods and tools) is necessary for the scientific values ​​of the reviewed article. There is also a lack of definition of the research period, or at least an indication of the period in which the legal status was analysed.

 

In the reviewed article the description of the research methodology is contained in one long compound sentence. This contributes to the low scientific value of the study.
Furthermore, it is first necessary to clarify what the doctrinal method actually is. In the literature on methodology, one encounters divergence as to what is being studied through the doctrinal method.

 

 

·        The purpose, contribution and novelty of the paper have been clarified/sharpened in the Introduction in the revised version.

·        A research question was already present in the original Introduction. We have given it more prominence in the revised version.

·        The methodology section has been expanded to explain better what doctrinal legal research entails, and the approach followed in the submitted paper.

·        A note regarding the date until which legal developments have been followed has been included in the methodology section.

Reviewer 4

  1. The abstract must contain the main purpose of the paper, the research method used in the research and the main contributions.
  2. It would be very useful to add in the "Introduction" section the purpose, objectives and hypothesis of the research.
  3. The introduction should specify the novelty of the paper compared to other papers published in this area.

 

·        1, The abstract has been edited to reflect the main purpose of the paper, the research method and main contributions.

·        2 and 3: The purpose, contribution and novelty of the paper have been clarified in the Introduction in the revised version.

 

Reviewer 4

I recommend the authors to modify the titles of some paragraphs that have identical names although they have different content, namely: 4.1 and 5.1; 4.2 and 5.2; 4.3 and 5.3; 4.5 and 5.5; 6.1 with Introduction from the beginning of the paper.

Thanks for this suggestion, the headings have been changed to avoid repetitions

Reviewer 5

- I would also like to see a well-developed discussion comparing and contrasting solution/results presented in the work with existing work and then a subsection of it presenting contributions to theory/knowledge/literature and followed by a subsection on “Implications for practice”.

 

Existing literature on the topic has been explicitly mentioned in the introduction and it has been indicated that this contribution builds upon it and adds to it.

A note on the relevance of this research beyond academic readership (for practitioners, regulators, etc) has been included in the introduction.

Reviewer 5

- The entire article is chaotically formatted and edited. For instance, there are used different fonts and font sizes, additional spaces between rows (paragraphs).

 

Thanks for spotting this, we have tried to fix it.

 

Reviewer 5 Report

The authors should consider the following recommendations in order to improve the research quality manuscript:

- I suggest also discussing the impact of COâ‚‚ emissions in a few paragraphs. Authors should take into consideration much more recent publications in the sphere of discussed subject matter, especially studies conducted during the last 5 years. For instance, it is recommended to include the following relevant research paper on Asian countries as different perspective (include critical point of view compared to European Union):

a) Naeem, M.Z., Arshad, S., Birau, R., Spulbar, C., Ejaz, A., Hayat, M.A., Popescu, J. (2021) Investigating the impact of CO2 emission and economic factors on infants health: a case study for Pakistan, In: Industria Textila, 72, 1, 39–49, http://doi.org/10.35530/IT.072.01.1784.

b) Qaiser Gillani, D.; Gillani, S.A.S.; Naeem, M.Z.; Spulbar, C.; Coker-Farrell, E.; Ejaz, A.; Birau, R. (2021) The Nexus between Sustainable Economic Development and Government Health Expenditure in Asian Countries Based on Ecological Footprint Consumption. Sustainability, 13, 6824. https://doi.org/10.3390/su13126824.

- Deepen the description of the limitations of conducted research and indicate in a much detailed way the trends for further empirical research studies.

- To expand the managerial implications in the article.

- I would also like to see a well-developed discussion comparing and contrasting solution/results presented in the work with existing work and then a subsection of it presenting contributions to theory/knowledge/literature and followed by a subsection on “Implications for practice”.

- The Reference section is not following the instructions for authors based on the standards of Energies journal.

- The entire article is chaotically formatted and edited. For instance, there are used different fonts and font sizes, additional spaces between rows (paragraphs).

 

 

Author Response

Dear Reviewers,

 

Many thanks for reading our paper and for your constructive feedback. We have read your comments carefully and most of them have been incorporated/addressed in the revised version.

It is relevant to note that, in consultation with the editor of the special issue Selected Papers on Energy Infrastructures from the International Symposium for Next Generation Infrastructure 2021 (ISNGI 2021), we have omitted the comments regarding the fitting of our paper (being a work of legal research) in the Energies Journal. We have also omitted the comments that suggested adding literature or methodological approaches that go beyond the scope of our paper and our field of research.

For the sake of clarity, in the table below we explain how we have addressed the comments from each reviewer in the revised version of our paper.

 

Reviewer

Comment from reviewers

How it was addressed

1

The subject of the article is interesting, but the presentation is too extensive. In my opinion, definitions of well-known terms have been unnecessarily provided. Many thoughts have been repeated unnecessarily several times. 

 

The text was revised and adjusted to avoid repetitions and unnecessary definitions.

2

Section 3.3. There are much more energy businesses/services that smart metering can enable and that will be impacted by the GDPR. Some of the businesses/services not covered are the following: 1) the participation of aggregators of prosumers in wholesale electricity markets [1,2]. As described in [1,2], this new business model requires the exchange of data between prosumers and aggregators; 2) the coordination between smart grid agents to ensure secure power system operation [2,3]. As described in [2,3], prosumers may need to share information with DSOs, TSOs, aggregators, and market operators to ensure the secure operation of the power system; energy efficiency apps, such as [4,5], to promote the adoption of energy efficiency behaviours. These topics should be reviewed and discussed in the paper.

 

1] Robust optimization for day-ahead market participation of smart-home aggregators. Applied Energy 2018;229:433–45. https://doi.org/10.1016/j.apenergy.2018.07.120.

[2]  Network-constrained bidding optimization strategy for aggregators of prosumers. Energy 2020;207:118266. https://doi.org/10.1016/j.energy.2020.118266.

[3] Coordination between transmission and distribution system operators in the electricity sector: A conceptual framework. Utilities Policy 2018;50:40–8. https://doi.org/10.1016/j.jup.2017.09.011.

[4] A gamification platform to foster energy efficiency in office buildings. Energy and Buildings 2020;222:110101. https://doi.org/10.1016/j.enbuild.2020.110101.

 

It is important to note that the goal of this contribution was not to provide an exhaustive overview of all the innovations or business cases making use of smart meter data that may be impacted by the GDPR. What we wanted to highlight in section 3 is the growing need to process personal data in the electricity sector, which triggers the application of the GDPR in addition to the Recast Electricity Directive.

We clarified this in the revised version of the paper, acknowledging that there are other innovative businesses based on smart meter data, and added references to sources referring to them, including sources suggested by the reviewer.

2

Section 5.3. The DSO is not responsible for balancing demand and supply. This is the responsibility of the TSO. This must be corrected

Many thanks for spotting this. This has been corrected in the text.

2

Why did the authors only analyse P2P technologies in section 6? Technologies and services based on aggregators and mobile apps are not discussed in section 6. However, they are discussed throughout the paper.

 

P2P trading is only an example used in the paper to illustrate that certain innovations/emerging businesses might make use of technology that is not (yet) fully compatible with the GDPR and that this is something that should be addressed by policymakers and/or by the industry when designing the technologies.

3

… the purpose of the article is not clearly stated. The purpose of the article can be guessed from the abstract. The purpose of the article should be in the introduction, where its obvious place is. The purpose of the article as presented in the abstract and in the introduction should read the same. The lack of a clear purpose creates confusion for the reader.

Introduction is effective, clear and well organized. This section introduce and put into perspective what follows. The literature selection is also correct. The scope and manner of using the literature on the subject (in this section) are not objectionable. But I suggest develop a background indicating a research gap, and present what is novel and why it is significant.

The general structure of the reviewed article is correct. The order of the individual subsections and the content presented in them are also correct. But the Authors did not formulate research questions or hypotheses, which decreases the scientific value of the article.

In addition, the section on research methodology have to be developed. In my opinion, developing the second section (by presenting the research problem, presenting the assumptions of the research process and the description of the applied research methods and tools) is necessary for the scientific values ​​of the reviewed article. There is also a lack of definition of the research period, or at least an indication of the period in which the legal status was analysed.

 

In the reviewed article the description of the research methodology is contained in one long compound sentence. This contributes to the low scientific value of the study.
Furthermore, it is first necessary to clarify what the doctrinal method actually is. In the literature on methodology, one encounters divergence as to what is being studied through the doctrinal method.

 

 

·        The purpose, contribution and novelty of the paper have been clarified/sharpened in the Introduction in the revised version.

·        A research question was already present in the original Introduction. We have given it more prominence in the revised version.

·        The methodology section has been expanded to explain better what doctrinal legal research entails, and the approach followed in the submitted paper.

·        A note regarding the date until which legal developments have been followed has been included in the methodology section.

Reviewer 4

  1. The abstract must contain the main purpose of the paper, the research method used in the research and the main contributions.
  2. It would be very useful to add in the "Introduction" section the purpose, objectives and hypothesis of the research.
  3. The introduction should specify the novelty of the paper compared to other papers published in this area.

 

·        1, The abstract has been edited to reflect the main purpose of the paper, the research method and main contributions.

·        2 and 3: The purpose, contribution and novelty of the paper have been clarified in the Introduction in the revised version.

 

Reviewer 4

I recommend the authors to modify the titles of some paragraphs that have identical names although they have different content, namely: 4.1 and 5.1; 4.2 and 5.2; 4.3 and 5.3; 4.5 and 5.5; 6.1 with Introduction from the beginning of the paper.

Thanks for this suggestion, the headings have been changed to avoid repetitions

Reviewer 5

- I would also like to see a well-developed discussion comparing and contrasting solution/results presented in the work with existing work and then a subsection of it presenting contributions to theory/knowledge/literature and followed by a subsection on “Implications for practice”.

 

Existing literature on the topic has been explicitly mentioned in the introduction and it has been indicated that this contribution builds upon it and adds to it.

A note on the relevance of this research beyond academic readership (for practitioners, regulators, etc) has been included in the introduction.

Reviewer 5

- The entire article is chaotically formatted and edited. For instance, there are used different fonts and font sizes, additional spaces between rows (paragraphs).

 

Thanks for spotting this, we have tried to fix it.

 

Round 2

Reviewer 2 Report

The authors addressed the comments of the reviewer.

Author Response

We agree

Reviewer 3 Report

The Authors made the following changes to the content of the article as recommended in the review, including:

- the goal, contribution and novelty of the article were clarified in the Introduction,

- research methodology was developed,

- the date until which legal developments have been followed was included.

The changes made have increased the scientific value of the article. Nevertheless, I stand by my earlier opinion that conclusions are supported by research results but have not been compared with the publications of other authors.

In summary, the article meets the minimum requirements for this type of publication.

Author Response

The article has been improved significantly. The innovative aspects of the work in relation to the state of the art literature have been clarified. Also the legal method has been explained extensively. We have added new literature to the extent it supports the analysis of the main research question. We have not the intention to describe in detail all relevant data driven innovations in the electricity sector. We wanted to illustrate possible tensions between the use of personal data generated by smart meters, for instance in the context of P2P trading, and the respect of the GDPR on the one hand, and the role data driven innovations are supposed to play on the basis of the Recast electricity directive on the other hand. Though general and sector specific European rules try to address these tensions between technological innovations and data protection rights, there are still some uncertainties concerning the simultaneous applicability of general and sector specific legal rules that need to be addressed by European and national policy-makers.  We have elaborated these tensions and have provided some policy recommendations how they could be dealt with.

Reviewer 4 Report

Dear authors, 

Please use the updated version of the template for this journal. Also, please format the references in a uniform manner, according to journal requirements.

Kind regards, 

Author Response

Format has been revised. 

Reviewer 5 Report

Authors completely ignored most of the previous recommendations. The article is almost identical as before the first round of review, while the authors' poor explanations do not strengthen the quality of the article.

This article does not meet the standards for publication.

Author Response

The article has been improved significantly. The innovative aspects of the work in relation to the state of the art literature have been clarified. Also the legal method has been explained extensively. Furtermore, the article has clarified the research question and repetitions have been deleted. We have added new literature to the extent it supports the analysis of the main research question. We have not the intention to describe in detail all relevant data driven innovations in the electricity sector. We used examples to illustrate possible tensions between the use of personal data generated by smart meters, for instance in the context of P2P trading, and the respect of the GDPR on the one hand, and the role data driven innovations are supposed to play on the basis of the Recast electricity directive on the other hand. Though general and sector specific European rules try to address these tensions between technological innovations in the energy transition and data protection rights, there are still some uncertainties concerning the simultaneous applicability of legal rules that need to be addressed by European and national policy-makers.  We have elaborated these tensions and have provided some policy recommendations how they could be dealt with.

Round 3

Reviewer 5 Report

The authors stated that : “The article has been improved significantly.” However, no changes / improvements are highlighted in the text of the article by using different color or MS Track changes or any other method.

Authors probably imagine that reviewers should compare each sentence / paragraph to identify if there is any change / improvement compared to the previous version. This approach is completely unsustainable.

 

The chaos that this article represents is also highlighted based on the following example. In the References section, in the previous version of the article there were 72 bibliographic references, while in the new version there are 73 references. Authors added only the first reference, the rest is identical in the References section, such is:

1 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU.

 

THIS IS THE CURRENT REVISED VERSION:

At EU level, the European Data Protection Supervisor (EDPS) has made a proposal for a so-called "Digital Clearing House" [71], a voluntary network of regulatory authorities involved in the supervision of digital markets, focusing on consumer law, competition law and personal data protection. The ultimate aim of the Digital Clearing House is facilitating  dialogue, cooperation and exchange of good practices between the different regulatory  authorities, in order to “achieve a better and more coherent protection of individuals in an era of big data and artificial intelligence” [72]. The proposal was well received, and several  meetings have already taken place [73].

  • Where the Reference section :

71 EDPS (2016). EDPS Opinion on coherent enforcement of fundamental rights in the age of big data. Available online: https://edps.europa.eu/sites/edp/files/publication/16-09-23_bigdata_opinion_en.pdf (Accessed on 27 October 2021).

72 Digital Cleaning House. Available online: https://www.digitalclearinghouse.org/ (Accessed on 27 October 2021).

73 EDPS (nd.). Big Data & Digital Clearinghouse. Available online: https://edps.europa.eu/data-protection/ourwork/subjects/big-data-digital-clearinghouse_en (Accessed on 27 October 2021).

 

THIS IS THE OLD VERSION:

At EU level, the European Data Protection Supervisor (EDPS) has made a proposal for a so-called "Digital Clearing House" [70], a voluntary network of regulatory authorities involved in the supervision of digital markets, focusing on consumer law, competition law and personal data protection. The ultimate aim of the Digital Clearing House is facilitating dialogue, cooperation and exchange of good practices between the different regulatory authorities, in order to “achieve a better and more coherent protection of individuals in an era of big data and artificial intelligence” [71]. The 791 proposal was well received, and several meetings have already taken place [72].

  • Where the Reference section :

70 EDPS (2016). EDPS Opinion on coherent enforcement of fundamental rights in the age of big data. Available online: https://edps.europa.eu/sites/edp/files/publication/16-09-23_bigdata_opinion_en.pdf (Accessed on 27 October 2021).

71 Digital Cleaning House. Available online: https://www.digitalclearinghouse.org/ (Accessed on 27 October 2021).

72 EDPS. Big Data & Digital Clearinghouse. Available online: https://edps.europa.eu/data-protection/ourwork/subjects/big-data-digital-clearinghouse_en (Accessed on 27 October 2021).

I recommend Rejection once again. Please do not send me this article again for review, because it is very clear that it does not follow the Energies standards.

Author Response

We wanted to show the track changes, but the formatting process forces us to accept them, as we could not get the format right as a consequence of the many changes. 

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