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 GMES GEOSS 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!

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