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Are we ready to share? A lawyer’s view Katleen Janssen ICRI – K.U.Leuven - IBBT

Are we ready to share? A lawyer’s view Katleen Janssen ICRI – K.U.Leuven - IBBT. Are we ready to share?. NO. From a legal perspective YES . Are we ready to share?. INSPIRE. Re-use of PSI. SEIS. Reporting. GEOSS. GMES. Aarhus. Open government data.

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Are we ready to share? A lawyer’s view Katleen Janssen ICRI – K.U.Leuven - IBBT

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  1. Are we ready to share?A lawyer’s viewKatleen Janssen ICRI – K.U.Leuven - IBBT

  2. Are we ready to share? NO From a legal perspective YES

  3. Are we ready to share? INSPIRE Re-use of PSI SEIS Reporting GEOSS GMES Aarhus Open government data • Legislation and policy to enable sharing

  4. Are we ready to share? • If only all these policies could work together... • Welcome to the real world!

  5. Are we ready to share? When do these rules apply? • 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)

  6. 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

  7. 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

  8. 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

  9. Are we ready to share? Aarhus directive + INSPIRE directive (chapter IV) PSI directive INSPIRE directive • 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

  10. 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

  11. 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

  12. 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!

  13. Thank you! katleen.janssen@law.kuleuven.be NEW! Postgraduate Studies in ICT & Media Law See www.icri.be for more information!

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