SPECIAL COLLECTION:
LAW
RESEARCH PAPER
When Concerned People
Produce Environmental
Information: A Need
to Re-Think Existing
Legal Frameworks and
Governance Models?
ANNA BERTI SUMAN
MARA BALESTRINI
MUKI HAKLAY
SVEN SCHADE
ABSTRACT
When faced with an environmental problem, locals are often among the first to act.
Citizen science is increasingly one of the forms of participation in which people take
action to help solve environmental problems that concern them. This implies, for
example, using methods and instruments with scientific validity to collect and analyse
data and evidence to understand the problem and its causes. Can the contribution
of environmental data by citizens be articulated as a right? In this article, we explore
these forms of productive engagement with a local matter of concern, focussing on
their potential to challenge traditional allocations of responsibilities. Taking mostly the
perspective of the European legal context, we identify an existing gap between the right
to obtain environmental information, granted at present by the Aarhus Convention, and
“a right to contribute information” and have that information considered by appointed
institutions. We also explore what would be required to effectively practise this right in
terms of legal and governance processes, capacities, and infrastructures, and we propose
a flexible framework to implement it. Situated at the intersection of legal and governance
studies, this article builds on existing literature on environmental citizen science, and on
its interplay with law and governance. Our methodological approach combines literature
review with legal analysis of the relevant conventions and national rules. We conclude by
reflecting on the implications of our analysis, and on the benefits of this legal innovation,
potentially fostering data altruism and an active citizenship, and shielding ordinary people
against possible legal risks.
CORRESPONDING AUTHOR:
Anna Berti Suman
European Commission – Joint
Research Centre (JRC), IT
eu
KEYWORDS:
Citizen-generated data;
environmental citizen
science; environmental rights;
environmental law; the Aarhus
Convention; governance
TO CITE THIS ARTICLE:
Berti Suman, A, Balestrini,
M, Haklay, M and Schade,
S. 2023. When Concerned
People Produce Environmental
Information: A Need to Re-
Think Existing Legal Frameworks
and Governance Models? Citizen
Science: Theory and Practice,
8(1): 10, pp. 1–13. DOI: https://
doi.org/10.5334/cstp.496
*Author affiliations can be found in the back matter of this article
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Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
INTRODUCTION
From detecting suspicious odours in the air to inquiring
about chemicals in waters and collecting soil samples,
concerned local residents are often among the first social
actors to notice and act upon an environmental problem.
They often do so by spontaneously tracking an issue,
through collecting and analysing data that will be used
to make sense of the issue at stake and to potentially
support claims. This shall be considered a manifestation
of citizen science, that is, the active engagement of
ordinary people in scientific research (Irwin 2018). Citizen
science is a term with manifold definitions, depending
on the context, of which we regard as key components
“the generation of scientific data,” engaging volunteers,
and addressing “a politically relevant issue” (Haklay et al.
2021, pp. 13, 15).
In this article, we focus on the data gathering stage of
citizen science as we posit that through data collection,
engaged people aim to contribute to the framing of or
offer a different perspective on an environmental issue
they care about. We take stock of studies that have
discussed how informational innovations in monitoring
are changing the way we deal with environmental
issues and have consequences for democracy and
power relations (Mol 2008). These forms of productive
engagement with a local environmental issue—such
as self-organizing in communities, hypothesizing about
the causes of the problem, and collecting and analysing
data—can substantially challenge traditional allocations
of responsibilities, suggesting an eventual need to re-
think existing legal frameworks and governance models.
However, instead of being regarded as an occasion to
regenerate the system, citizen-led efforts are often resisted
or disregarded as not valid or not legitimate by institutions.
Several authors have begun to explore the possible
intersections of environmental citizen science with the
legal system, questioning its effect on legal provisions and
on human entitlements (for example Berti Suman 2020a
and 2020b; Aragão 2019; Haklay and Francis 2018; Smith
2014). In parallel, studies into the impact of actions and
environmental data flows from below on governance
models are multiplying (Balestrini et al. 2017; Bio
Innovation Service 2018; Wyeth et al. 2019). Especially in
the United States (US), literature often deals with the legal
implications of volunteered geographic information (VGI)
(Foody et al. 2017; Cho 2014; Cuff et al. 2008), including
the exposure to liability that the volunteers may face (Rak
et al. 2012).
Situated at the intersection of legal and governance
studies, this article examines the growing trend of
concerned people seeking to produce environmental
information (Berti Suman, Schade, and Abe 2020) and
to see these data included in decision-making. We
identify an existing gap between the right to obtain
environmental information—granted at present by the
Aarhus Convention
1
—and a right to provide information
and have that information considered by appointed
institutions. Further, we elaborate on the opportunity to
re-think existing legal frameworks and governance models
to fit these transformations and to ensure that the civic
ability to offer data from below is properly accommodated
rather than resisted.
In summary, the article is guided by two key questions:
• From the combined interpretation of the rights
recognized under the Aarhus Convention, should a right
to meaningfully contribute environmental information
be derived, and (if so) under which conditions?
• What would be required to effectively practise this
right, in terms of legal and governance processes,
capacities, and infrastructures, and which of these
requirements are still lacking?
Our approach combines grey and academic literature
review with legal analysis of the relevant conventions
and national rules. We, the authors, also bring in our
own experiences as we have been involved in multiple
citizen science interventions. Based on these sources,
we define three scenarios that are a simplification of a
multifaceted reality. We analyse the scenarios according
to theory-informed categories and extract findings. We
identify three case studies that best illustrate the outlined
scenarios.
The structure of the paper is as follows. We start from
acknowledging a trend and interpreting it through the
Aarhus Convention, which could possibly open an avenue
for a fourth right. We address the promises and perils of
introducing a new right. From there, we propose a set of
governance adaptations that are required to enforce such
a right. We primarily focus on Europe to narrow down the
legal and governance context. Based on the above, we
identify different possible scenarios of interplay between
citizen-generated data (CGD) and the institutional system,
pinpoint cases illustrative of each scenario, and outline
their strengths and weaknesses. We subsequently define
a framework for integration of CGD in the institutional
system. We stress the implications of our analysis for
communities, researchers, and practitioners. We conclude
with a reflection on how this legal innovation could foster
data altruism and an active citizenship, and shield ordinary
people producing CGD against legal risks.
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Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
LEGAL AND GOVERNANCE MODELS
UNDER PRESSURE?
CGD deriving from broader citizen science practises could
be used in many different forms within environmental
governance. Community-based water quality monitoring,
for example, can provide a way to maintain regulatory
oversight under conditions of reduced funding (Kimura
and Kinchy 2019). In other cases, CGD can challenge
official and industry-reported data, especially in the case of
shortcomings in official monitoring. This could contribute
to detecting violations of the law and infringements on
human environmental rights. Yet, to date, no substantial
evidence of legal adaptation to this trend has emerged
across Europe, whereas internationally and in the US more
explicitly a right to submit data exists, as illustrated below.
As the legal traditions and the existence of mechanisms
such as the Aarhus Convention differ substantially from the
US to Europe, in this article, we will note the US experiences
but focus primarily on European cases.
The opening statement of Chapter 40 of Agenda
21, stemming from the 1992 United Nations (UN) Rio
Conference can be interpreted as supporting citizen-
led data production. The chapter states: “in sustainable
development, everyone is a user and provider of
information considered in the broad sense. That includes
data, information, appropriately packaged experience, and
knowledge.” [emphasis added]. This can be understood as
a recognition that local knowledge (also in the forms of
CGD) should be integrated into decision-making.
Another legacy of the Rio Conference is in Principle 10
of its outcome declaration, which highlights three pillars
of participation in environmental decision-making: the
right to access environmental information, the right to
participate in decision-making, and the right to access
justice.
The principle evolved in the UN Economic Commission
for Europe (UNECE) Aarhus Convention,
2
or in its full name,
the UNECE Convention on Access to Information, Public
Participation in Decision-making and Access to Justice
in Environmental Matters. It was signed on the 25
th
of
June 1998 in the city of Aarhus in Denmark and entered
into force in October 2001. It is considered a leading
international agreement on environmental democracy as
it guarantees the public three key rights on environmental
issues: i) access to information, which refers to the public’s
right to receive information about the environment that
are held by public authorities; ii) public participation, which
refers to the public’s right to participate in environmental
decision-making; and iii) access to justice, which refers to
the public’s right to review by a court or an independent
body to ensure that public authorities respect the rights
to access environmental information and to public
participation in environmental decisions.
As with Principle 10 of the Rio Conference, the Aarhus
Convention recognizes only the right to access (already
existing and officially provided) environmental information.
The Convention does not recognise forms of spontaneous
environmental data production from ordinary people,
although some provisions may justify an extensive
interpretation of the notion of environmental information
to also include CGD in case of official governmental or
industry failures to duly report (Berti Suman 2020b).
Yet, despite this declaration, for most of the past three
decades, environmental information that was used in
decision-making was created by professional scientists and
technicians in government and industry. Some examples of
legal recognition for data generation by nongovernmental
actors are represented by the US Crowdsourcing and Citizen
Science Act (15 USC 3724) and by the Ecuadorean Organic
Law of the Amazonian Special Territorial Circumscription
(Ley Organica de la Circunscripcion Territorial Especial
Amazonica), which in Article 58 endorses community
environmental monitoring mechanisms.
At the level of governmental practice, noteworthy is the
US notice and comment process for agency rulemaking
(and other processes such as permitting and environmental
impact review).
3
The process requires government agencies
to use informal rulemaking procedures when creating new
rules or when modifying or repealing existing ones. The
agency must notify the public of the proposed change and
accept public comments. Agencies are obliged to consider
all material presented (including environmental CGD)
during the comment period, and they must respond to all
comments received but are not obliged to amend the rule
itself considering these comments. Thus, an explicit right to
submit information and advice by the public exists across
the US at the federal and state level.
Furthermore, a duty to consider data fed by the public
also exists as it is implied in the notice-and-comment
process: Agencies must justify why data were disregarded,
and those who submit data can request an independent
audit. This all suggests that even an adaptation of the
Aarhus Convention foreseeing a right to submit information
alone is not sufficient if authorities are not compelled to
consider the information (they still can discount it but must
explain). Yet, even in the instance of such an obligation,
the US experience reveals that often CGD is not actually
considered seriously or acted upon for a variety of reasons.
This motivates us to recommend that legal interventions
must be flanked by governance changes.
Against this background, the goal of this paper is
twofold. First, we aim to explore a potential need to adapt
the Aarhus Convention to include a civic “right to contribute
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Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
environmental information” as a fourth pillar, in particular
when institutions fail or struggle to fulfil their duties. We
question who should oversee amending the Convention
and national laws implementing it, that is, whether
only appointed institutions or society at large through
participatory and consensus processes. We use throughout
the piece the word (right to) “contribute” because people
do generate data all the time, but we aim to recognize a
different entitlement to meaningfully contribute to inform
policy-making with the data generated. Indeed, submitting
data is of limited value if there is not a duty to consider
and respond from the competent authorities. Second, we
propose possible governance adaptation scenarios that
may be needed, especially from competent authorities,
if such a right is recognized. We also examine at which
administrative level such governance adaptations should
occur.
ZOOMING IN ON DISTINCTIVE TRENDS
THE LEGAL FRAMEWORK ADAPTATION
Building on Haklay’s (2017) categorization, traditionally,
environmental data flows occur between experts and
scientists to be used by other experts and scientists (a
first era); following that, we have witnessed the opening
up of environmental information to the public while
production stays with experts and scientists (second era).
With the advent of the Web and the mass use of mobile
devices with sensing capabilities, information has become
increasingly available online. The traditional scheme
became outdated as emerging flows—less formalized and
less unidirectional—moved the other way around. Today,
we are indeed in a third era in which the production and
consumption of environmental information is no longer
done only by experts and scientists, but also by the public
(Haklay 2017). The legal framework has been responding
to these developments only to a certain extent. Indeed,
to date, the law crystallizes and protects the rights of
citizens to receive (environmental) information held by
authorities but does not recognize the contribution that
citizens can bring to the formation of the evidentiary pool
on environmental matters. As we highlight in the following
section, governance models had (and have) to be adapted
to mirror such transformations.
While the Aarhus Convention is an opportunity for
those civic actors wishing to claim breaches of their
environmental rights, it recognizes only traditional and
unidirectional data flows from governmental actors to
citizens. In fact, the environmental information that citizens
are entitled to access are only those held by authorities
(and not, for example, by private actors—although they
are forced to report to the authorities under the Pollutant
Release and Transfer Registers (PRTRs) established by
the Kyiv Protocol of 2009. There is no recognition of a
gap-filling or complementary role that citizen-generated
environmental data can play. Building on previous work
(Berti Suman 2020b), we question whether the Aarhus
Convention can and shall be updated to recognize a civic
right to meaningfully contribute environmental information
and a consequent duty of authorities to consider such
information.
Remarkably, discussions touched upon this new right
during the 7
th
Meeting of the Parties (MoPs) of the Aarhus
Convention held in Geneva in fall 2021.
4
In a keynote by the
European Eco Forum on Access to Information, including
electronic information tools, Christian Schaible from the
European Environmental Bureau
5
affirmed: “Citizen science
opens up for the parties of the convention a new source,
and we might envisage a right to produce environmental
information by citizens, which if it is produced at
appropriate standards and rigor, needs to be accepted
by the authorities. This can fill the data gaps and support
monitoring efforts.”
A discussion on a new right is even more urgent
considering the threats that environmental defenders
frequently experience, as was also stressed during the
MoPs. We refer to the session organized by the Czech
nongovernmental organization Arnika, “Defending the
defenders 2021: Persecution of environmental activists.”
6
Discussions also revolved around the non-compliance with
the Convention that recurs in Europe and especially affects
civil society. Citizen science can be a powerful tool to spot
such instances.
Citizen science entered the MoPs in several other
instances, including a session in which the civic nuclear
radiation monitoring initiative Safecast
7
intervened and a
side event titled “Using citizen science effectively within
the Aarhus context.”
8
Formal outcomes of the Meeting
endorsed citizen science, namely the Strategic Plan
for the Convention’s Parties for 2022 to 2030
9
and the
Recommendations on the more effective use of electronic
information tools.
10
Because a new right with no enforcement mechanism
would be pointless, we explore the adaptation of existing
legal frameworks to accommodate this development and
to ensure that it is respected, considering that already the
Aarhus Convention is often not respected.
11
We do so in
the framework that we propose, with an eye to the actual
enforcement of such a new entitlement. We consider it
compelling to also assess to what extent the law is lagging,
in the sense that this right is de facto already in place in
practice and at a policy level (for example, in dedicated
programs by the European Union (EU), such as the Horizon
5
Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
Europe “Mutual Learning Exercise on Citizen Science” and
the “Science with and for Society” programme of Horizon
2020).
12
GOVERNANCE MODELS RESHAPED
The governance of environment-related issues relies
heavily on public institutions (Lemos and Agrawal 2006;
Bennet and Satterfield 2018). This governance structure
is embedded in the general multi-governance framework
spanning the globe—from global actors (such as the UN)
via regional actors (such as the EU) and national actors
(ministries and agencies), all the way to sub-national
(including local actors). Overall, we can identify a global
trend to follow more holistic and participatory governance
approaches (Nesbit et al. 2019), in which environment-
related matters are more closely integrated across different
sectors, fields, and services (one can look to the framework
for monitoring the Sustainable Development Goals [SDGs]
13
and the European Green Deal).
14
In line with the increased integration of environmental
matters in political topics that were traditionally less
environmentally aware, measures supporting a healthier
environment are emerging in other fields. These
developments go hand in hand with similar trends in
health policies, where, for example, the “Health in All
Policies” approach spans sectors (Pan American Health
Organization 2015). Collaborations between authorities
that are traditionally responsible for environmental issues
and institutions dealing with other policy areas multiply.
Complementarily, another trend is emerging—a more
active citizenship, including citizen science practices. In
many countries, we witness not only changes in voting
behaviour and social (environmental) activism in the form
of protests,
15
but also more active engagements aimed
at voluntary monitoring of the environment. Whereas
different scenarios on how citizen science contributes to
(public) governance have recently been explored by Göbel
et al. (2019), we also see dedicated methods and tools for
integrating citizen science in environmental data collection
at different levels of administration as a means to co-
design, co-develop, and co-deliver solutions.
16
Policymakers can learn from scientists in this regard.
In fields such as meteorology and biology, there is a
long history of public participation in data creation, and
it is common for scientists and consultants, who provide
advice on environmental decision-making, to use data that
originate from volunteers’ observations (Pocock et al. 2015,
2017; WMO 2001). In most cases, the data provided by
the public is not used directly, but it is first organised and
reviewed by an expert who will work as an intermediary.
The output from the expert is coming with their own and
their institutions’ credentials. In some cases, the source
of the data is not even openly acknowledged (Cooper et
al. 2014). This could suggest that CGD is accepted and
routinely used within existing processes of environmental
research, being considered fit-for-purpose also in terms of
data quality. However, it can also signal an obfuscation of
the civic contribution.
When civic actors’ contribution is acknowledged and
they can collaborate with policymakers in shared spaces,
this can stimulate mutual trust and change traditional
allocation of roles. Citizens learn how to contribute to
data generation, analysis, and interpretation, while trust
is generated for policymakers to officially adopt the data.
It has been estimated that such data have the potential
to contribute up to 33% of SDGs monitoring efforts (Fraisl
et al. 2020). Moreover, shared agendas
17
are developed.
Governance models should become more flexible to ensure
the acceptance, integration, and acknowledgement of
these data within official data. These interventions are
in part already occurring in light with five principles for
good governance: openness, participation, accountability,
effectiveness, and coherence as recognized by the EU.
18
However, to date, similar interventions are episodic and left
to the good will of governors.
GOVERNANCE ENCOUNTERS THE LAW
As governance adaptation is occurring but in a non-
systematic way, one may wonder if a legal intervention
should be needed to make these occurrences structural
and to regulate them. CGD, to be heard by decision-
makers, needs to enter through the channels put in place
by authorities. Having a set of (legally binding) rules that all
civic initiatives must follow to have their data considered
could ensure more equality and transparency in how CGD
is integrated. We argue further why this could be a way
forward.
Governance adaptations are, at present, a way to give
space to dimensions that are not allowed by the law.
However, this clearly creates disparity and imbalances. In
principle, every scientifically sound local monitoring initiative
should be taken into account (whether a constructive,
cooperative input or a disruptive, counter-system initiative)
and, eventually, should provoke authorities to act upon a
matter of concern for the people that can be associated
with a governmental failure. As there is no legal obligation
to consider CGD, it remains at the discretion of authorities.
Existing initiatives already integrated in formal
monitoring processes in multiple ways could lead this legal
innovation. For example, the European bird indexes
19
were
designed from their very beginning in the 1980s as a data
flow that relies on volunteer bird watching and strict quality
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Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
assurance. They remain one of the strongest indicators for
biodiversity in Europe and are used to support policies. In
the Netherlands, another leading example is an integrated
platform hosted by an independent governmental agency
to collect and compare air quality data from many different
sources.
20
Here, official data is complemented by data
from citizen scientists and others. The Mosquito Atlas in
Germany is another good example as it is entirely based
on volunteer data collection and it replaces previous
monitoring mechanisms.
21
These examples demonstrate a practice of CGD
contribution. Such best practices have been analysed in
an official document of the European Commission in 2020
(European Commission 2020). The document proposes
a set of guidelines to systemise the support of citizen
science approaches for environmental monitoring and
data sharing, which can be regarded as a first step towards
the official recognition of a right to contribute. Indeed,
the guidelines also come with a set of possible actions
to allow for a more systematic and enduring support to
citizen science. A consolidated response by the network
of Environmental Protection Agencies (EPA) in Europe was
prepared (Rubio-Iglesias et al. 2020) and delivered to the
EPA Network Interest group on Citizen Science.
22
Earlier, the
European Environment Agency (EEA) published a report on
how air quality could be assessed through contributions
from citizen science (EEA 2019).
In the next section, we explore the conditions under
which the recognition of a right to contribute is desirable
and should be infrastructured, in the sense of providing
the legal and organizational interventions that are needed
to implement it. We consider scenarios as sets of possible
situations in which the interactions between civic data
production and institutional settings manifest.
FROM SCENARIOS TO A FRAMEWORK
MIRRORING THE RIGHT TO CONTRIBUTE
SCENARIOS OF INTEGRATION
In this section, we outline hypothetical but realistic scenarios
of interaction between CGD and existing environmental
governance and legal structures. Parameters that we deem
should matter in a systematization towards integration
include
• the type of initiative producing CGD, from counter-
system to cooperative initiatives;
• the initiator, whether they are state-, citizen-, or
jointly-initiated, etc. efforts to acquire CGD (while
acknowledging that often a combination of top-down
and bottom-up efforts occurs;
23
• the institutional attitude towards the initiative (different
from, although related to, who initiated the effort);
• the presence of national legal provisions regulating CGD
production;
• the existence of a legal obligation by authorities to
consider CGD; and
• the existence of a platform open to CGD and its
ownership (whether the infrastructure and the data
therein is owned by the authority/the citizens/a third
party/jointly between two or more of these actors).
Additionally, we conceive that different types of initiatives
(from more reactive to more cooperative) will require
different levels of integration (from less to more pervasive)
of the civic data within official infrastructures. In addition,
the maturity of the recipient authority in terms of experience
relying on CGD will have to be taken into account in
designing the different levels of integration. We argue that
any integrative framework should not exclude the more
counter-system initiatives, which should find their own way
to be part of the debate. Recognizing a right to contribute
to official environmental monitoring could ensure a more
systematic and transparent adoption of CGD, but it also
risks excluding initiatives that do not manage to meet the
needed conditions. Nevertheless, we believe that such CGD
can still impact policymakers in informal, spontaneous
ways.
Another layer of complexity—which cannot be properly
addressed here—is the fact that a right is understood and
codified differently in different contexts. Also, what we
understand governance to mean may vary substantially.
In taking Europe as the main context for the scenarios that
we outline, we try to mitigate this challenge of context-
dependency. We assume that a certain homogeneity
can be identified across different European countries. The
three scenarios represented in Figure 1 should therefore be
considered as situated in the context of European countries.
Figure 1 illustrates three possible scenarios from a
cooperative and high-integration instance, where a right
to contribute is recognized or derived from existing norms,
to the least integrated scenario in which there is no legal
recognition of CGD, authorities and citizens are in conflict,
and the existing infrastructures do not make room for
CGD. In the middle, we situate a middle-ground scenario
mirroring all the other possible configurations, with
nuances that go beyond what we can capture in a figure.
ILLUSTRATIVE CASES OF THE THREE SCENARIOS
We examine three case studies that help us illustrate the
different conceptual positions, but they are by no means
representative of the whole set of cases that each scenario
can encompass. We selected these cases using our own
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Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
previous knowledge rather than through a systematic
analysis of a sample of cases. Future research may
quantitatively assess the occurrence of the three scenarios
in the citizen science reality out there. A brief analysis of
each case follows, whereas a more extensive illustration
of each case in light of the characteristics of the three
scenarios can be found in Supplemental File 1: Appendix 1.
CGD on odour pollution. D-NOSES (Scenario 1)
Type of initiative: This is an EU-funded initiative tackling
odour pollution through citizen science and co-creation of
joint solutions to odour pollution-related issues.
24
Initiator: The initiator is a researcher with civic concern
who launched the first odour monitoring pilot.
Authority’s attitude: The project received attention and
recognition by environmental protection authorities at
national (Spain) and international (EU, Africa, and Latin
America) levels. For example, thanks to D-NOSES’ advocacy,
in 2022, the European Committee of the Regions adopted
an Opinion “EU Action Plan: Towards Zero Pollution for Air,
Water and Soil,” recognizing the importance of citizen
science for tackling odour pollution.
Existence of a legal provision supporting CGD: The
initiative supports compliance with Principle 10 of the Rio
Declaration and aims to go beyond it through a right to
contribute data.
25
In this case, the recognition of a right
to contribute and its conditions may be useful to foster
transparency and equity.
Public dataset for environmental data open to public
contribution: The initiative feeds CGD into the International
Odour Observatory,
26
where all relevant data are made
available both for citizens and for authorities.
Ownership of the infrastructure: The infrastructure is
owned by the initiative, but partners of the project include
local administration and public bodies.
CGD on air quality. Samen Meten (Scenario 2)
Type of initiative: Samen Meten is an initiative supported by
the Dutch Institute for Public Health and the Environment
(RIVM) consisting of a knowledge portal
27
and a related
portal for data access.
28
The two portals provide capacity-
building facilities and a supportive infrastructure for
environmental citizen science.
Initiator: Samen Meten was initiated by RIVM, an
independent Dutch agency. This is therefore a government-
led effort that invites civic submission of data (Rubio-
Iglesias et al. 2020; Volten et al. 2018).
Authority’s attitude: RIVM demonstrates an open and
transparent approach. Any community can enter the
partnership and connect their air quality measurements as
incoming raw data. RIVM corrects and calibrates the data
to make them more useful. The CGD from the portals are
not (yet) directly used for official air quality monitoring
purposes, although this is the ambition (Ponti and Craglia
2020). The data have already served early detection and
near-real-time mapping of cross-border air pollution
Figure 1 Possible scenarios of interplay between a civic initiative and public institutions.
Scenario 1
Type of the initiative: cooperative
Initiator: civic, with initial EU funding
Authority’s attitude: champion
Existing of a legal provision supporting CGD: yes
Public dataset for environmental data open to public contribution: yes
Ownership of the infrastructure: co-owned by the authority and by the
citizens/by the initiative
Scenario 2
Type of the initiative: critical but open-minded
Initiator: an independent governmental agency
Authority’s attitude: in transformation
Existing of a legal provision supporting CGD: not, but derivable from
interpretation of existing norms or from case law
Public dataset for environmental data open to public contribution: in
potential (infrastructure in place but not yet contributed by the citizens)
Ownership of the infrastructure: owned by the authority
Scenario 3
Type of the initiative: counter-system, reactive, distrusting
Initiator:
a collective of local citizens funded through crowdfunding
Authority’s attitude: in conflict with the citizens
Existing of a legal provision supporting CGD: no
Public dataset for environmental data open to public contribution: no
Ownership of the infrastructure: NA
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Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
(Wesseling et al. 2019), and are being used for official
experimental modelling (Ponti and Craglia 2020).
Existence of a legal provision supporting CGD: There is no
specific provision focussed on CGD, but legal requirements
for monitoring air quality exist, and supportive provisions
can be derived from there. In this case, the recognition of a
right to contribute would be an incentive for institutions to
adopt CGD systematically.
Public dataset for environmental data open to public
contribution: In the model of Samen Meten, citizen
scientists buy and assemble, following instructions
provided by the initiative partners, low-cost sensors. These
partners bring in their own communities and develop
data infrastructures. RIVM offers the integration of these
datasets in the platform, where all data are published and
shared openly.
Ownership of the infrastructure: Ownership is institutional
(owned by RIVM), offering a central and sustained resource
for interested communities and individuals.
CGD on oil extraction externalities. Analyze
Basilicata (Scenario 3)
Type of initiative: The Analyze Basilicata initiative is a citizen
science initiative by the association CovaContro aimed at
collecting data on environmental externalities associated
with oil extraction in Basilicata, in the south of Italy.
29
The
case is counter-system, reactive, and distrusting.
Initiator: Analyze Basillicata is a collective of
independent, crowdfunded local citizens.
Authority’s attitude: The public sector at present does
not officially recognize the initiative or the data collected,
nor does it offer the participants any support. However,
there were instances in which the initiative served as an
alert for institutions, media, and public prosecutors’ offices
(Berti Suman 2022).
Existence of a legal provision supporting CGD: There is
no specific provision, although the Italian Constitution
recognizes the preservation of the environment and of
human health and promotes civic forms of organization. In
this case, the recognition of a right to contribute may not
be effective, as there are not the conditions to implement it.
Already existing legal guarantees should first be respected.
Public dataset for environmental data open to public
contribution: Each actor has its own platform. Specific
environmental information is published on the Val d’Agri
Environmental Observatory, but the Analyze Basilicata
initiative does not trust it and created a counter-knowledge
base.
Ownership of the infrastructure: Ownership is not
shared, and single infrastructures (private, public, and civic)
are separated and owned by each actor.
THE STRENGTHS AND WEAKNESSES OF EACH
SCENARIO
Scenario 1 has the key strength of maximizing resources
allocation as competences and tasks are divided among
citizen scientists and competent institutions with a
cooperative mindset. Losses of energy due to conflicts and
distrust is low. However, as a downside, the citizen science
initiative can be at risk of (perceived or actual) government
capture in the sense that peer citizens may perceive that
the initiative is no longer representing the interests of
the general citizens and has lost its independence, being
instead at the service of the authority. In situations such as
Scenario 1, the recognition of a right to contribute through
a legal intervention may not be needed as existing legal
and governance structures accommodate the cooperation.
However, we deem that having an open definition of the
criteria under which CGD will be considered by authorities
may be useful to foster transparency and equity in this
scenario. Citizens and institutions co-own the platform
on which the civic and public data are published. This,
however, can also be problematic (Kimura and Kinchy
2019). For example, especially when such a scenario
emerges informally, a supportive champion may leave the
organisation, and previous collaborations can collapse.
Another risk is that without legally binding structures, the
citizen-generated data could be at risk of being accepted
when it does not challenge power, while dismissed when it
bothers the establishment.
The strong point of Scenario 2 is that it is in evolution
and therefore has a considerable potential in terms of
social and governmental innovation. The fluidity of the
situation can promote creative solutions and innovative
adaptation schemes. However, it may be hard for actors
operating in such an evolving context to make decisions
due to uncertainties. The recognition of a right to contribute
here would be particularly beneficial to push institutions
to adopt systematically CGD. In addition, the presence
of legal recognition would incentivize the offer of CGD to
authorities. Interestingly, Scenario 2 can lead to stability in
the long term, generating mutual recognition and setting
an agreement on the standards to which the data should
adhere. However, such early legal closure might lead to a
lack of flexibility and agility that instead Scenario 1 affords.
The weakest allocation of resources is in Scenario 3, in
which the conflict and distrust drain the energy of all actors
involved and prevent shared interventions. From another
perspective, however, conflicts and distrust attitudes can
also stimulate a sense of responsibility among the citizens
to watch over governments’ actions and, in reverse,
stimulate institutional actors to improve the transparency
and effectiveness of their interventions. In Scenario 3, the
9
Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
recognition of a right to contribute may not be effective,
as there are not the conditions to implement it, given
that even a public database for publishing environmental
information coming from the citizens is lacking, and
citizens and authorities are in conflict. Here, the first step
would be to ensure that already existing guarantees, such
as the Aarhus Convention, are respected and enforced, and
only when the situation evolves to Scenario 2, a right to
contribute could be implemented. Yet, as we stress further,
the open recognition by agencies of the conditions for their
consideration of CGD can be beneficial also in Scenario 3 as
it can mitigate conflicts and encourage a more constructive
relationship.
TOWARDS A SUPPORTING FRAMEWORK
The analysis presented in this paper suggests possible
scenarios of integration (Scenario 1 and Scenario 2). In both
scenarios, the initiative producing CGD wants integration
(Berti Suman 2020a, p. 83, Figure 3–2). In Scenario 3,
influence on policy- and decision-making can still occur
at the levels of early warning and problem definition, and
mediators fostering dialogue between the initiative and
policymakers are of key importance (more in Berti Suman
2020a, p. 79). Despite a legal intervention recognizing a
right to contribute is more game-changing in Scenario 2.
In Scenario 1, the actors are already at a level of maturity
that a legal intervention is not so needed or is already in
place/in formation, whereas in Scenario 3, the civic actors
are opposing institutions. Nonetheless, we argue that in
all scenarios a legal intervention can be valuable to create
the expectation that under set conditions CGD will be
considered by authorities. A clear and transparent definition
of these conditions can foster mutual understanding
between citizens and authorities.
In the absence of an explicit recognition, a disconnect
remains between overarching vertical regulations (usually
not specifying the role of CGD, i.e., neither excluding nor
including it) with horizontal civic rights (remaining general
and thus open to interpretation). This can de facto hamper
but also leave an informal yet accepted space for inclusion.
On this fertile ground, co-created decisional processes and
shared agendas should tend to the framing of a right to
contribute as a fourth pillar of the Aarhus Convention, to
be accompanied by a set of overarching implementation
guidelines. Such an intervention could provide a common
regulatory framework at the European level. Once the
right is defined, the implementation should come both at
a legal level, through adaptation of national legal systems
adhering to the Aarhus Convention, and at a governance
level.
Possible steps to adapt governance structures should
include: (i) the creation of spaces where public and
civic actors can meet and compare data, facilitated by
mediators; (ii) the joint curation of public databases that can
include CGD; (iii) the incorporation of CGD in agency portals
such as in the case of RIVM but with a direct use by the
agency; and (iv) a set of guidelines setting the standards on
the type of CGD (including data quality and methodology)
that can be used and for which decisions. This way, actors
producing CGD will know under which conditions their
data can be considered, in the spirit of a “match-making
between knowledge needs for environment policy and
citizen science activities” (Recommendation 5.1, European
Commission 2020).
This guided and integrative approach is similar to
programs in some US states in which, for example, citizens
are involved in water quality monitoring and produce data
that are used in formal regulatory determinations provided
that they respect set criteria. Yet this approach may not be
viable in all cases as it depends on agreement among all the
parties on the correct process for gathering and evaluating
data. Such agreement may be difficult for environmental
justice communities with a history of distrust and friction
with governmental authorities, especially where data is
gathered using low-cost devices or procedures different
from those normally used by government agencies.
Nevertheless, a right to have data considered could still be
the basis for managing expectations and for stimulating
more constructive relationships between citizens and
authorities.
Guidelines and policy structures should be put in place
defining key aspects, including ownership of the CGD and the
platform for managing the data. We favour co-ownership
between civic and policy actors of data and platforms,
in a commons fashion, but with authorities assuring
sustainable technical and organisational infrastructure.
In addition, technical standards for the methodology and
data quality of the CGD should be defined, setting the
conditions under which authorities have an obligation to
act upon or accept the CGD (on this point see also Berti
Suman 2020a). Inspirations can be taken from the example
that we provided for Scenario 2.
SUMMARY, IMPLICATIONS, AND FUTURE
DIRECTIONS
In the article, we build on the three rights guaranteed by
the Aarhus Convention, which are also known as the pillars
of environmental democracy: access to information, public
participation, and access to justice. We argue in favour
of recognising a fourth right: the “right to meaningfully
contribute” data. We discuss existing literature, hinting
at ongoing legal and governance adaptation processes
10
Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
to use environmental CGD for institutional interventions,
and we reflect on our own experiences of organising and
researching citizen science interventions. We highlight
gaps and complement existing literature with a scenario-
building exercise and with cases that challenge existing
legal frameworks and allocation of responsibilities. Our
scenarios offer an illustration of various levels of integration
and cooperation between civic initiatives producing
environmental CGD and authorities.
A legal intervention, based on already ongoing
governance adaptations, is advisable for all three scenarios
to set expectations, although for the middle scenario,
potential for transformation is the highest. Having a set
of rules that all civic initiatives must comply with to have
their data considered could ensure more equality and
transparency in how CGD is integrated. This could be a
way forward, although it is very demanding as authorities
are often reluctant to openly inform the public of the
conditions under which the data they may submit would
be considered by these same authorities.
A recognition of CGD, to be practically realized
through the insertion of a fourth right under the Aarhus
Convention (binding for its signing Parties), could ensure
that the conditions under which the data produced by the
citizens will be considered by authorities are transparently
disclosed. In short, the right should operate when:
• the matter is not duly monitored or addressed by the
competent authorities; or
• access to information obligations is not (properly)
complied with by the authorities; or
• in any instance in which the CGD produced is of quality
and robustness that can reasonably complement and
contribute to official data, keeping as a principle that
CGD does not need to be technically equivalent to
government data because even less precise data can
provide useful complementary information.
For their part, authorities will have the duty to open their
data pool to such contributions and i) either incorporate
the civic data in their official portal (as in the Samen Meten
case) or ii) provide the resources for setting a co-owned
platform (as in the D-NOSES case). In both cases, authorities
should also offer regulatory guidance, knowledge, and
infrastructures to ensure that the consequent data flows
respect data protection and privacy principles, especially
when sensitive (e.g., health) data are at stake.
30
Competent
institutions should also provide support to prevent fake
information, possibly acting as (or engaging experts to act
as) gatekeepers. Lastly, authorities should also ensure that
the new right is balanced with other recognized interests. A
recent Science for Policy Brief by the European Commission
(Berti Suman 2023) offers guidance to policy- and decision-
makers, making a case for how civic monitoring can
contribute to official law enforcement and to the provision
of public services.
Here, we have identified gaps in existing legal and
governance structures for managing environmental
information and have explored the challenges of integrating
publicly contributed information into institutional
responses. Our analysis is limited as our scenarios and any
proposed framing efforts oversimplify the complexity of a
multifaceted reality. Yet, we trust that our work makes a
convincing case for establishing a new right to contribute
and provides an important steppingstone in the creation of
the required facilitating framework.
NOTES
All web pages have been accessed for the last time on 18 September
2022
1
UNECE Aarhus Convention on Access to Information, Public
Participation in Decision-making and Access to Justice in
Environmental Matters (25 June 1998) 38 ILM 517. An informative
page on the Aarhus Convention can be found at https://unece.
org/environment-policy/public-participation/aarhus-convention/
introduction.
2
Ibid.
3 See https://www.justia.com/administrative-law/rulemaking-
writing-agency-regulations/notice-and-comment/.
4
See https://unece.org/environmental-policy/events/Aarhus_
Convention_MoP7.
5
See https://eeb.org/who-we-are/staff/.
6
See https://english.arnika.org/events/defending-the-defenders-
2021-protecting-environmental-activists-from-persecution.
7
See https://safecast.org/.
8
See recordings at https://youtu.be/it-EGGVS7Po.
9
See https://unece.org/sites/default/files/2021-08/ECE_
MP.PP_2021_22_E.pdf.
10
See https://unece.org/sites/default/files/2021-08/ECE_
MP.PP_2021_20_E.pdf.
11
See https://www.clientearth.org/media/fesgdu3u/clientearth_
guide_2021_gb_bat.pdf.
12
See https://ec.europa.eu/research-and-innovation/en/statistics/
policy-support-facility/psf-challenge/mutual-learning-exercise-
citizen-science-initiatives-policy-and-practice and https://data.
europa.eu/doi/10.2777/32018.
13
See https://sustainabledevelopment.un.org/index.
php?page=view&type=400&nr=2013&menu=35.
14
See https://ec.europa.eu/info/strategy/priorities-2019-2024/
european-green-deal_en.
15
See https://theconversation.com/greta-thunberg-effect-people-
familiar-with-young-climate-activist-may-be-more-likely-to-
act-154146.
16
See, for example, the tool kits developed by the projects Making
Sense (http://making-sense.eu/wp-content/uploads/2018/01/
Citizen-Sensing-A-Toolkit.pdf) and ACTION (https://actionproject.
eu/toolkit/), the engagement methodology developed by the
D-NOSES project (https://dnoses.eu/), and the future roadmap
provided by the WeObserve project (https://zenodo.org/
record/4646774#.YaZ1md_TWUn).
17
See for example, the experience of the shared agendas by the
Catalan government (http://catalunya2020.gencat.cat/web/.
content/00_catalunya2020/Documents/angles/fitxers/shared-
agendas.pdf).
11
Berti Suman et al. Citizen Science: Theory and Practice DOI: 10.5334/cstp.496
18 Among the others, by the 2001 White Paper on Governance,
see https://eur-lex.europa.eu/legal-content/EN/
TXT/?uri=LEGISSUM%3Al10109.
19
See https://pecbms.info/.
20
See https://samenmeten.rivm.nl/dataportaal/.
21
See https://mueckenatlas.com/.
22
See https://epanet.eea.europa.eu/reports-letters/epa-network-
interest-group-on-citizen-science/epa-network-interest-
group-on-citizen-science. We could also review the document
“Recommendations to Heads of EPAs following the European
Commission’s Best Practices in Citizen Science for Environmental
Monitoring” presented at the 37th EPA Network plenary meeting,
12-13 May 2022 , Paris.
23
For an analysis of scenarios from an US perspective, see
https://www.epa.gov/sites/default/files/2020-04/documents/
epatoolswebinar_citizen_science_final_0.pdf.
24
See https://dnoses.eu/.
25
Exchange with Rosa Arias, D-NOSES Project Coordinator and CEO of
Science for Change, in fall 2021.
26
See https://odourobservatory.org/.
27
See https://www.samenmetenaanluchtkwaliteit.nl/ and https://
www.samenmetenaanluchtkwaliteit.nl/international.
28
See https://samenmeten.rivm.nl/dataportaal/.
29
The page of the initiative https://covacontro.org/la-
campagna/. Accessed 28 September 2021. The website is only
in Italian but Berti Suman (2022) provides an English account
of the project.
30 See reflections by the DECODE project, https://decodeproject.
eu/publications/final-report-barcelona-pilots-evaluations-
barcelonanow-and-sustainability-plans. Experiences offering
models of civic data governance include Salus Coop (Europe)
(https://www.saluscoop.org/) and the Louisville Data Commons
initiative (US) (https://louisvilledatacommons.org/).
SUPPLEMENTAL FILE
The supplementary File for this article can be found as
follows:
• Appendix 1. Case studies illustrating each scenario
discussed. DOI: https://doi.org/10.5334/cstp.496.s1
ACKNOWLEDGEMENTS
The authors would like to acknowledge the contribution
of Rosa Arias, D-NOSES Project Coordinator and CEO of
Science for Change, for her inputs and exchanges which
were very valuable to shape the D-NOSES case study. The
authors are also grateful to the editors and reviewers for
their constructive feedback.
FUNDING INFORMATION
Author Anna Berti Suman was supported by the Marie
Skłodowska-Curie grant n. 891513, awarded under
European Union’s Horizon 2020. Author Muki Haklay
was supported by the European Union’s ERC Advanced
Grant project ‘European Citizen Science: Analysis and
Visualisation’, under grant agreement n. 694767; and the
European Union’s Horizon 2020 Research And Innovation
Programme EU-Citizen.Science and TIME4CS projects,
under grant agreement n. 824580 and 101006201.
COMPETING INTERESTS
The authors have no competing interests to declare.
AUTHOR CONTRIBUTIONS
All authors contributed to the research design,
implementation and writing and to the methodological
aspects of the manuscript. The first author took the lead in
coordinating the writing and review process.
DISCLAIMER
Views and opinions expressed in this article by authors
Anna Berti Suman and Sven Schade are those of the
authors only and do not necessarily reflect those of the
European Commission.
AUTHOR AFFILIATIONS
Anna Berti Suman orcid.org/0000-0002-8973-8436
European Commission – Joint Research Centre (JRC), IT
Mara Balestrini
orcid.org/0000-0003-1064-3512
ESADE-Ramon Llull University, ESADEGov Center for Public
Governance, ES
Muki Haklay
orcid.org/0000-0001-6117-3026
University College London, GB
Sven Schade
orcid.org/0000-0001-5677-5209
European Commission – Joint Research Centre (JRC), IT
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TO CITE THIS ARTICLE:
Berti Suman, A, Balestrini, M, Haklay, M and Schade, S. 2023. When Concerned People Produce Environmental Information: A Need to
Re-Think Existing Legal Frameworks and Governance Models? Citizen Science: Theory and Practice, 8(1): 10, pp. 1–13. DOI: https://doi.
org/10.5334/cstp.496
Submitted: 12 January 2022 Accepted: 09 February 2023 Published: 20 March 2023
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