Open data policy in Catalonia. New European judicial framework for opening access to and reusing information [long version]

This work is subject to an Attribution 3.0 Creative Commons licence. This grants you permission to reproduce, distribute, communicate to the public or adapt
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may hold. Full details of the license can be consulted here: http://creativecommons.org/licenses/by/3.0/legalcode
Open data policy in
Catalonia. New European
judicial framework for
opening access to and
reusing information
LONG VERSION
slideshare.net/gencat
Flemish Public Governance Departament
Brussels, 26th September 2013

DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0
1. Definition

In the course of its activities, the Public Sector works with
information that may have great commercial, or non-
commercial, value for third parties.
Open data / PSID Definition
flickr.com/photos/jwyg/4528443760

2. Antecedents

- Definition of reuse.
- Equality of reuse rights in a
competitive market.
- The necessity to check on fees
being charged for public
information.
- Warnings of possible conflicts
between reuse, intellectual
property and personal data
protection.
Green Paper PSI in the Information
Society 1999

Regulations governing public reuse:
- Authorisation for reuse with commercial or non-commercial ends.
- License with reuse conditions
- Fees and prices (if any exist) for recovering costs.
- Documents and licenses, preferably in a digital format
Not applicable to:
- Documents outside state access regulations.
- Information protected by personal data legislation.
- Public cultural, research and broadcast institutions.
- Information containing intellectual property belonging to third
parties.
Directive 2003/98/EC PSID

Spanish Law 37/2007, 16th
November, on the reuse of information
in the public sector, conveyed
Directive 2003/EC into Spanish
legislation.
The law established the framework
within which the citizenry and the
private sector can make use of
documentation and data generated in
the public sector; excluding, obviously,
anything subject to intellectual
property rights protection.
Spanish Law 37/2007 PSID

New EU strategic context
Digital Agenda for Europe
- Strategy for intelligent, sustainable and
inclusive growth in Europe
- Achieving high levels of employment, moving towards a low carbon
economy, increasing social cohesion and productivity through
concrete actions on a State-wide or Community-wide scale.
- In 1 of the 7 emblematic initiatives for Europe 2020, TICs play a very
important role in achieving the 2020 objectives.
- Action 3: Opening up public data resources so they can be reused.
- In addition to the economic value, it is worth pointing out more
democratic merits such as promoting transparency and ensuring
public authorities can be held to account for their actions.

3. New European
judicial framework for
opening access to and
reusing information

1DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0
Consultation aimed at improving
Directive 2003/98/EC Administrations and
re-users
How can Directive 2003/98/EC be improved?
-The right to reuse accessible information.
-Support for the expansion of the type of public organisations
affected.
-Clarification of the concept public task.
-Promoting user-friendly formats in reuse.
-Harmonisation of conditions in reuse licensing.
-Clarification of admissible fees and prices for reuse.
-Availability of mechanisms for effective complaints.
?

Council of Europe Conclusions, 4th
February 2011
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/119175.pdf
Recognition value States
«The commission is invited to make rapid progress in key
areas of the digital economy to ensure the creation of the
Digital Single Market by 2015, including the promotion and
protection of creativity, the development of e-commerce and
the availability of public sector information».

Open data strategy
European Comission
Source: Project Aporta (furnishing) datos.gob.es

Aim An open data strategy for the EU
Potential value of open data – reuse in:
1.Europe, according to the EU:
€40,000 M / annually, approximately.
Up to €140,000 M in indirect impact.
* Graham Vickery Report 'REVIEW OF RECENT STUDIES
ON PSI RE-USE AND RELATED MARKET DEVELOPMENTS',
commissioned by the European Commission 2011
http://ec.europa.eu/information_society/policy/psi/docs/pdfs/report/psi_final_version_formatted.docx
2.Spanish State Turnover of some €4000 M
* According to the study ‘Characterization of the Infomediary Sector in Spain’.
Dabos.gob.es. June 2012.

Review process
Directive 2003/98/EC
Proposal
for a Directive
of the
European
Comission
Reading in
EU Council
Reading in
the European
Parliament
Trialogue
(tripartite
dialogue)
Final text

New European legal framework
-On 26th June 2013, the European Parliament approved
Directive 2013/37/EU of the
European Parliament and the Council (Consolidated Version
) which amended Directive 2003/98/EC on the
reuse of information in the public
sector. It was published in the
Official Journal of the EU on 27 June
-Member states have 2 years to convey the
measure into their judicial framework.
Concept
A generalised authorisation for reuse, within the EU, has been
established, as an added value, to the regulations covering access
to official documents for each member state.
Directive 2013/37/EU Amending PSI
Directive 2003/98/EC

4. Changes in regulations

Changes in Directive 2013 1/6
Scope of application
Reuse is also applicable to archives, libraries and museums.
Authorisation expressly
permitting reuse is necessary,
as became the case
in the legal regulations
in Directive 2003/98/EC.
http://commons.wikimedia.org/wiki/File:Interior_Biblioteca_UABC.JPG

- Information should preferably be published in standard open
formats subject to automatic processing and with the maximum
granularity.
- Legal notice or licence
(available in electronic media)
authorising reuse without
(or with the minimum) conditions.
Technical and legal conditions for publication
flickr.com/photos/ajc1/2051162803

Fees
- Fees for reuse are permitted but are limited to marginal costs such
as any return on investment that the public entity needs for
maintaining the activity or recovering production costs.
- Transparency in the establishment and digital publication of fees.
These need to be further justified the more distant they get from
the principle of marginal costs.
flickr.com/photos/safari_vacation/7220861734

Exclusivity
- Reuse agreements permitted by the directive, in order to provide a
service of public interest, with a limited duration of 3 years.
- Possibility of public and private collaboration agreements in the
domain of museums, archives and libraries of up to 10 years, as
these agreements require
greater stability and duration.
These need revising
every 7 years (from 2011).
flickr.com/photos/teegardin/5512347305

Overseeing the Directive
- Every 3 years, member states must
give an account of how the
implementation of the Directive is
going to the European
Commission; as well as raise any
controversial cases which the
impartial organ (created by the
directive) has detected arising
between the administration
and the entities reusing the
information.
https://en.m.wikipedia.org/wiki/File:Fully_dilated_eye_during_eye_exam.jpg

Support and advice
- The commission must draw up guidelines on the use of licences
(legal notices), outlining fees and sets of data subject to
preferential publication. These are not of a legally binding
character, but rather are aimed at harmonising and introducing
the Directive in all member states.
http://commons.wikimedia.org/wiki/File:US_Army_Handbook_of_Counterinsurgency_Guidelines_for_Area_Commanders,_Headquarters,_U._S._Department_of_the_Army.jp

5. The new Directive
in Catalonia

http://dadesobertes.gencat.cat/en
Open Web Data Generalitat
(Catalan Government)

Coordination PSI reutilisation
flickr.com/photos/ilri/8044438639
Coordination of the reuse of public sector information (PSI)
- Catalonia Catalonia Data, with regular meetings.
- Spanish state Open Data Spain, with six-monthly meetings.
- Europa
European comission (data
with preferential publication
date), licences and fees.

Catalunya Dades Online

Catalonia Legal framework
Within the Generalitat of Catalonia this applies to:
-Legal Notice (Licence) which authorises the reuse of all the contents
of Gencat.cat.
-Inventory of all the data. Each department (ministry) draws up an
inventory or catalogue of all their data and appoints a
person responsible for the reuse of, or open access to, data.
-Openly accessible images and videos. The Generalitat has opened
access to images and videos as if they were data (source, not
authorship).
-Linking reuse policies to transparency policies. The Generalitat‘s
transparency website also offers data in an open format (
see some examples).

Catalonia Pending features
These include the following:
-Fees. At the moment, there are none. However, these might be
established, in line with the Directive, but would be limited to the cost
of return on investment or to getting back production costs.
-Impartial authority. The Spanish
state will need to decide who this
is.
-Governance in the Spanish state.
How will the reports for
the European Commission
be prepared?
flickr.com/photos/albertogp123/5843577306

6. What is meant
by opening access
to data (PSI)
for the Generalitat
of Catalonia

1. Communicating through liaison and
being present in society in a fresh way

Data journalism

2. Ensuring interoperability among
administrations

Interoperability Open Agenda
Company Pimpampum
Description Agenda of activities in the territories where Catalan is spoken.
Dataset Cultural Agenda of Catalonia. Winner of the puntCat 2011 Grant
oberta.cat

3. Offering services from social
websites

Offering services from social
websites Twitter, Feina Activa
Description
23 Twitter profiles offering
employment separated by
categories
Dataset
Job offers from the
Employment Office of
Catalonia
An increase of 800% in
web access to Feina
Activa from Twitter

Description
14 Twitter profiles with
the current state of all the
lines of the suburban
railway network of
Catalonia known as
Rodalies
Dataset
State of the services of
the suburban railway
network of Catalonia
Offering services from social
websites Twitter Rodalies

4. Developing mobile applications

Mobile services The Weather
Company
Lujop
Description
Three-day weather
forecasts, precipitation
reports from
meteorological radars
and information about
temperatures, wind
speeds and accumulated
rainfall. Via Android.
Dataset
Forecasts by the Catalan
Meteorological Service

Company
Repilpa
Description
Real-time traffic reports
from across Catalonia,
based on information
provided by the Catalan
Transit Service. Via
Android.
Dataset
Information from the
Catalan Transit Service
Mobile services Traffic news

Company
Amidasoft
Description
Hotels, rural tourism lodgings
and campsites in Catalonia,
with services offered, prices,
opening hours, location etc.
Via Android.
Dataset
Tourist accommodation in
Catalonia
Mobile services Tourist accommodation

5. Making known and facilitating
the creation of all kinds of services
and products, not only technological
applications

Intellectual property
Opening access to data
gencat.cat/santjordi

Publications All with CC licenses
Editorial rules of the Generalitat (2009): All of the publications by
the Generalitat, whether on paper or digital with open use licenses
(creative Commons BY-NC-ND or other).
http://bit.ly/fIEXla

Basque Government Networks
Guide Reuse
>Cinquena
edició:
Febrer 2012
Fifth edition:
February 2012

6. Encouraging transparency

Transparency portal 1/3 gencat
http://transparencia.gencat.cat

Transparency Portal 2/3 data type
http://transparencia.gencat.ca/en
Data is
available in 3
formats:
Web, open
(semantic)
and info-
graphic. A
video-graphic
format will
soon be
available.

Transparency Portal 2/3 info-graphics
http://transparencia.gencat.cat/en/

MEPRanking is a website, updated weekly, with news of the
Parliamentary activity of European elected representatives.
mepranking.eu
Citizens’ initiatives open data

7. Generating economic activity

Map services eixos.cat
Company
planol.info
Description
Maps showing activities,
services and facilities -
designed to provide sites
for businesses and other
organisations
Dataset
Facilities in Catalonia
Winner of the puntCat
2011 Grant

Fonts used
This presentation is based on the following documents:
-Directive 2013/37/EU of the European Parliament and the Council
(Consolidated Version) which amended directive 2003/98/EC on the
reuse of information in the public sector. Published in the Official
Journal of the EU on 27 June
-Presentations on open data and data reuse at gencat.cat published
on slideshare.net/gencat.
-Presentation and technical note “Revision of the Directive
2003/98/EEC” from the Spanish government
http://datos.gob.es/datos/?language=in
-Guidelines for Open Data Policies. Compiled by the Sunlight
Foundation. Version 2. August 2013

This work is subject to an Attribution 3.0 Creative Commons licence. This grants you permission to reproduce, distribute, communicate to the public or adapt
the work, without any restriction, provided that you cite the original authors and the work is not inconsistent with an existing specific license that an image
may hold. Full details of the license can be consulted here: http://creativecommons.org/licenses/by/3.0/legalcode
Thank you!
slideshare.net/gencat
Flemish Public Governance Departament
Brussels, 25th September 2013
Open data policy in Catalonia.
New European judicial
framework for opening access
to and reusing information

Open data policy in Catalonia. New European judicial framework for opening access to and reusing information [long version]

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