Are we ready to share?

A lawyer’s view

Katleen Janssen ICRI – K.U.Leuven - IBBT

Are we ready to share?

From a legal perspective

YES NO

Are we ready to share?

• Legislation and policy to enable sharing

INSPIRE Re-use of PSI

Aarhus

SEIS

GMESGEOSS

Reporting

Open government data

Are we ready to share?

• If only all these policies could work together...

• Welcome to the real world!

Are we ready to share?

• Three directives for environmental information sharing– Directive 2003/4/EC on public access to environmental

information (Aarhus) – Directive 2003/98EC on the re-use of public sector

information (PSI)– Directive 2007/2/EC establishing an infrastructure for spatial

information in the European Community (INSPIRE)

When do these rules apply?

Are we ready to share?

• INSPIRE directive

– Sharing spatial data sets and services between public authorities

– For public tasks that may have an impact on the environment

– Conditions• No practical obstacles at the point of use• Licensing and charging

– Public access to network services

Are we ready to share?

• Aarhus directive

– Public access to environmental information

– Public participation, transparency and accountability

– On request or proactive dissemination

– Charging• Free consultation on site

• Reasonable amount for copies

– Starting point: paper documents

Are we ready to share?

• PSI directive – Re-use of public sector information for any commercial or

non-commercial purpose outside of the public task

– Intended to stimulate information industry, but much broader effect

– Conditions for making data available

– Licensing and charging

– Public sector bodies performing commercial activities outside of the public task

Are we ready to share?

• Access:Exercising democratic rights and duties/ accountability of the government

• Re-use: any commercial use outside of the public task

• Sharing: performance of public tasks with an impact on the environment

Aarhus directive + INSPIRE directive (chapter IV)

PSI directive

INSPIRE directive

Are we ready to share?

• Sharing versus re-use– Public task versus (non-)commercial purposes– Data openly available for public tasks, more restrictions

possible for re-use?– What is a public task?– Dilemma of the public task

• Providing accessible information to the citizens• Providing information services on the market in competition with

the private sector

– Licensing and charging questions

Are we ready to share?

• Access versus re-use– Democratic v. economic purposes– Traditional examples are already challenging

• Journalists?

– Web 2.0 has multiplied the problem• Open government data • “Right to data”

– Re-use legislation endangers right of access• Licences• Charges

Are we ready to share?

• Getting ready to share– Comprehensive approach

– Making information available as a default

– Transparent and harmonised obligations

– Licensing• Needed?

• Open and standard licences

– Legal instruments are not sufficient

– Keep it simple!

Thank you!

katleen.janssen@law.kuleuven.be

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