Fundamental Interests and Open Data for Re-use

1. LAPSI Primer & Public Conference Milan 5th/6th May 2011 Fundamental Interests and Open Data for Re-use Agustí Cerrillo-i-Martínez Universitat Oberta de Catalunya (Spain) acerrillo@uoc.edu

2. 3 forces and PSI Knowledge economy Technological developments Democratic governance

3. From accessing to reusing public sector information: protected interests Access to public sector information • Ex post or reactive mechanism • Authorities provide information to citizens when so asked • More than 85 FOI Laws have been passed around the world • The European Union has passed only Directive 2003/4/EC • Changes to increase access use by citizens, promote administrative modernisation and harness the impact of ICTs • Main interest protected: Transparency • Other interests protected: environment, public interest, personal privacy, personal data and private interests, or the effectiveness of public institutions

4. From accessing to reusing public sector information: protected interests Diffusion of public sector information • Generalised dissemination of information by means of the creation of information dissemination services by the public authorities • Ex ante and proactive transparency mechanism • some of the regulations governing access to information have included references to the dissemination of public sector information and, in particular, the duty to disseminate it Main interest protected: Transparency; exercising of citizens’ rights, freedom to conduct business

5. From accessing to re-using public sector information: protected interests Re-use of public sector information • Use by persons or legal entities of documents held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the documents were produced • Directive 2003/98/CE • Directive is to ensure a minimum degree of harmonisation between national regulations and practices regarding the re-use of public sector documents • Re-use conditions fair, proportionate and non-discriminatory; to avoid cross-subsidies and exclusive agreements and to limit any charges imposed Main interest protected:freedom to conduct business Other interests protected: personal data as well as intellectual property transparency

6. Open data: towards new regulations that incorporate all the interests at play “Government data is being put online to increase accountability, contribute valuable information about the world, and to enable government, the country, and the world to function more efficiently” (Berners-Lee, 2009) “Open data makes governments transparent, accountable and efficient. It can create social and economic value. At a European level open data could be transformative and this competition will show how” (Shadboldt, 2011) Its mission is not just linked to the freedom to conduct business, but is also related to transparency The aims of open data movement go beyond the limits of regulations basically those arising from the attitude of the public administrations themselves regarding the dissemination of information, and to give citizens more of a leading role.

7. Towards a regulation of public sector information in the 21st century Revising and adapting current regulations • Does it make any sense to retain the current distinction between the three types of mechanisms and their separate oversight? • The open data movement must progress towards making available to citizens all information, irrespective of the use made of it or the goal that is sought? • Who should carry out this regulatory role?

8. Towards a regulation of public sector information in the 21st century Revising and adapting current regulations Minimum content of the new regulations • To guarantee compliance with the different objectives • To abolish, or at least tone down, the difference between the three mechanisms • To state the duty on the part of the public administrations to facilitate access, re-use and diffusion of the information • To regulate the conditions required for the proper protection of all the interests at play • To make any data, information or document in the hands of the public administrations available for citizens in the format in which it is found

9. Towards a regulation of public sector information in the 21st century Mechanisms complementary to current legislation • Re-use licences • Codes of conduct • Quality seals, service charters and terms and conditions of website

10. LAPSI Primer & Public Conference Milan 5th/6th May 2011 Thank you! Agustí Cerrillo-i-Martínez Universitat Oberta de Catalunya (Spain) acerrillo@uoc.edu