The PSI Directive, INSPIRE and MSFD: A Complex Legal Framework for Selected Markets

1. The PSI Directive, INSPIRE and MSFD: A Complex Legal Framework for Selected Markets Roger Longhorn Vice-Chair, GSDI Association, Outreach and Communication Committee Information Policy Advisor, The Coastal & Marine Union (EUCC) Member, LAPSI Advisory Board ral@alum.mit.edu LAPSI Public Conference, Milan, 5-6 May 2011

2. The PSI Directive – Serving a Complex Information Market Roger Longhorn Vice-Chair, GSDI Association, Outreach and Communication Committee Information Policy Advisor, The Coastal & Marine Union (EUCC) Member, LAPSI Advisory Board ral@alum.mit.edu LAPSI Public Conference, Milan, 5-6 May 2011

3. PSI? It’s Everywhere! • PSI is ubiquitous – a product of government – originating at all levels of government. • There is no single market for PSI – citizens, governments, businesses. • ‘PSI’ covers a multitude of data themes – and thus potential information market sectors. • Wider access to PSI is not the same thing as permission to re-use (exploit) PSI in the information market. LAPSI Public Conference, Milan, 5-6 May 2011

4. PSI and INSPIRE #1 • INSPIRE – a pan-European Spatial Data Infrastructure initiative. • Forget the words ‘Spatial Data’! • INSPIRE is about PSI that also happens to have a ‘location attribute’ associated with it. • INSPIRE is an ‘information infrastructure’ that encompasses 34 data themes – every one of which is a type of PSI ! • INSPIRE’s real aim is to underpin data interoperability for other existing and planned future Directives. LAPSI Public Conference, Milan, 5-6 May 2011

5. PSI and INSPIRE #2 • Like it or not – INSPIRE exists! • The Directive exists and has been adopted by all EU MS. • EC Regulations already exist … • Specifying how the metadata is to be constructed. • Specifying how the data itself is to be encoded or transformed into a common standard to achieve harmonisation leading to interoperability. • Specifying how the discovery, viewing, download and transformation network services are to be implemented. • Setting out the data sharing and access principles (a Council Decision). LAPSI Public Conference, Milan, 5-6 May 2011

6. PSI versus INSPIRE #1 • PSI is descriptive – ‘this is what we would like to see – and why – but exactly how is really up to you’. • INSPIRE is prescriptive – after the ‘Why?’ (in the preamble), then … • ‘this is what you will do – driven by a range of EC Regulations containing specific implementation instructions, standards, rules, performance monitoring, etc. LAPSI Public Conference, Milan, 5-6 May 2011

7. PSI versus INSPIRE #2 • Is one approach better than the other? • You decide! • PSI – too little instruction on ‘what’ to do to achieve the goal of expanding use of PSI? • INSPIRE – (maybe) too much instruction on how to achieve data harmonisation and systems interoperability? • Is there a happy medium approach? • Can lessons be learned from INSPIRE’s implementation path that would benefit a future revision of the PSI re-use Directive? LAPSI Public Conference, Milan, 5-6 May 2011

8. PSI re-use was not created in a vacuum! • Neither a policy vacuum nor a legal vacuum • DIRECTIVE 2003/4/EC of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC • DIRECTIVE 2003/35/EC of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and … with regard to public participation and access to justice • DIRECTIVE 2003/98/EC of 17 November 2003 on the re-use of public sector information LAPSI Public Conference, Milan, 5-6 May 2011

9. How does PSI re-use help? • Government bodies have a mandate to perform a range of ‘public tasks’. • Among those public tasks, there is already a requirement to make information (PSI) available “to the public”. • The Access to Environmental Information Directive • The ‘Aarhus Convention’ Directive LAPSI Public Conference, Milan, 5-6 May 2011

10. Access to Environmental Information Directive Article 1 (b): “to ensure that, as a matter of course, environmental information is progressively made available and disseminated to the public in order to achieve the widest possible systematic availability and dissemination to the public of environmental information. To this end the use, in particular, of computer telecommunication and/or electronic technology, where available, shall be promoted.” LAPSI Public Conference, Milan, 5-6 May 2011

11. ‘Aarhus Convention’ Directive Article 2: Member States shall ensure that: (a) the public is informed, whether by public notices or other appropriate means such as electronic media where available, about any proposals … Article 3 (3): (b) make available to the public concerned the information obtained under other forms of assessment referred to in point (a), the information relating to the exemption decision and the reasons for granting it; LAPSI Public Conference, Milan, 5-6 May 2011

12. The role of the information industry? • Information market actors… • identify potential markets (sectors), • develop information products or services to serve those market sectors, • exist to make a profit, • are not inherently against paying for raw material! • There is a role for the information industry to inform the public… • … by adding value to existing information resources. • Should the public sector be creating added value products or services? Is that a legitimate ‘public task’? LAPSI Public Conference, Milan, 5-6 May 2011

13. Some complex legal issues – an example • UNESCO Intergovernmental Oceanographic Commission (IOC) • International convention • Requires signatories to share oceanographic data, worldwide – climate change, etc. • IODE – 50 year anniversary in 2011 • Data principles – ‘free and open’, ‘no cost or minimal cost’, no (few) restrictions on use/re-use LAPSI Public Conference, Milan, 5-6 May 2011

14. Some complex legal issues – an example • Certain hydrographic offices want to charge for their data – are required to charge for their data - full cost recovery with an RoI target – and strong IPR control. • but … IOC Convention principles say the data should ideally be free or ‘minimal cost’ and with few restrictions on use/re-use. • Much of this data can be considered to be ‘environmental’ – do the Directives apply? • Much of this data is valuable to the info industry - to create new products/services – vessel routing, coastal management, etc. • Some of this data is important for national defence (a typical exemption). LAPSI Public Conference, Milan, 5-6 May 2011

15. Some complex legal issues – an example • Result? • Data access, sharing, use/re-use principles of an international convention are aligned with the principles of related EU Directives … • … but are at odds with: • common practice of a national body, • stated (and legal) cost recovery regime of a national state, • perhaps even existing regulations in that national state. LAPSI Public Conference, Milan, 5-6 May 2011

16. In Conclusion • Will we find a common, practical solution covering access, sharing, use and re-use… • … via one piece of legislation relating to PSI? • I think not. Why? • A multitude of overlapping legislation already exists, even before we consider new potential information requirements at state, regional or global levels … • … and rapid technological innovation and evolution … • … impacting on a ubiquitous product – PSI. LAPSI Public Conference, Milan, 5-6 May 2011