This article aims to provide a critical analysis of the legal framework for the re-use of data held by public sector bodies, in the light of both the European Commission's Communication on the European Data Strategy and the new European Data Governance Act. What emerges is a new approach by the European legislator that requires public administration to play a new role, not only as an intermediary and facilitator in the circulation of data, but also as the one who can 'empower' natural and legal persons to exercise their rights over data and information belonging to protected categories. The new protection mechanisms outlined in the Data Governance Act present significant critical aspects from a legal point of view, but also new perspectives, which are discussed in this work.
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