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INSPIRE Data Policy and Legal Issues Working Group Orientation Report Stefan Carlyle and Mike Clarke. GINIE Data Policy Workshop. My presentation. Role of DP&LI Working Group Membership Our work to date Briefing paper Orientation paper Position paper Questions. First a thought.

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INSPIRE Data Policy and Legal IssuesWorking Group Orientation ReportStefan Carlyle and Mike Clarke

GINIE Data Policy Workshop

My presentation
My presentation...

  • Role of DP&LI Working Group

  • Membership

  • Our work to date

  • Briefing paper

  • Orientation paper

  • Position paper

  • Questions

First a thought
First a thought...

“6 months in the laboratory can save you 6 hours in a library!”

Dpli working group mandate
DPLI Working Group Mandate

  • to consider all relevant issues related to legal aspects and data policy

  • to identify what matters should be addressed in the legislation

  • to develop proposals for a Framework Directive or Regulations?

Dpli working group orientation paper
DPLI Working Group Orientation Paper


  • Broad Research Base

  • Focused Approach

  • Awareness of Issues

  • Good Mix of Skills

  • Strong Advisory Support

  • Government (IGGI/DTLR) Assistance

Dpli working group orientation paper1
DPLI Working Group Orientation Paper


  • Compressed time table

  • Breadth & depth of subject

  • Shortage of pre-information

  • Lack of clarity in brief

  • Lack of funding

  • High workload

  • Language difficulties

Briefing ourselves
Briefing ourselves...

  • Vision

  • Data policy issues

    • GI initiatives

    • Environmental initiatives

  • Legal issues

  • EU members states

Latest developments
Latest developments...

  • DG Information Society

  • Aarhus Convention

  • New Directive on access to environmental information

  • UK work on trading and sharing information

Dg information society
DG Information Society...

  • Green paper on “Public sector information: A key resource for Europe” June 1999

  • e-Europe 2002: Creating a EU Framework for the exploitation of Public Sector Information (October 2001)

  • DG Information Society Working Document January 2002

The aarhus convention
The Aarhus Convention

  • Access to Information

  • Public Participation

  • Access to Justice

  • to be enshrined in 2002 in a new Environmental Information regulations

A new directive on public access to environmental information
A new Directive on Public Access to Environmental Information

  • to make good the shortcomings which became apparent in implementing the 1990 Directive

  • to align Community legislation on the Aarhus Convention in order that the Community may ratify the latter

  • to adapt to developments in information technology

T hat are the main data policy issues
T Informationhat are the main Data Policy Issues?

  • Public Sector Information and Open Access

  • Cost models, Charging & Licensing

  • Data Quality & Standards

  • Delivery & User Expectations

  • Awareness & Availability - metadata

Environmental information is
Environmental Information is: Information

“Information in any form on the state of the environment, on factors, measures or activities affecting or likely to affect the environment or designed to protect it, on cost-benefit and economic analyses used within the framework of such measures or activities and also information on the state of human health and safety, conditions of human life, cultural sites and built structures in as much as they are, or may be, affected by any of those matters”.

Does not include reference data on location.

Who are the customers
Who Are the Customers ? Information

Governments & Administrations

  • EU

  • National

  • Local

  • Academics & Researchers

    • Universities

    • Public & Private Institutes

  • Commercial & Professional End Users

  • Value-added Resellers

  • Application Developers

  • Citizens

  • Policy recommendations
    Policy Recommendations Information

    • Harmonised data management

    • Development of licensing framework

    • Audit of data, data providers & users

    • Free flow of data between Member States

    • Ready availability of data to the public

    • Stimulation of commercial demand

    • Dialogue with DG Information Society

    What are the legal issues
    What are the Legal Issues? Information

    • Intellectual Property Rights

    • Data Protection & Privacy

    • Freedom of Information

    • Human Rights

    • Competition

    • Liability & Fitness for Purpose

    • Definitions

    Legal recommendations
    Legal Recommendations Information

    • Freedom of Information

      • Open access to core public sector information should be facilitated through legislation, with licensing and charging policies aimed at maximising access at all levels

    Legal recommendations1
    Legal Recommendations Information

    • A regulatory framework for licensing IPR

      • charging

      • liability

      • accuracy

      • updates

      • third part use

      • etc

    Other legal recommendations
    Other Legal Recommendations Information

    • Protection of personal privacy(options)

    • Transparent rules on competition and fair trading

    • Liability (options)

    • Human Rights

    • Adoption of common definitions

    Six regulatory principles
    Six Regulatory Principles? Information

    1Discovery metadata will be made available on the Internet

    2 Harmonised data specifications will be adopted

    3 Data quality will ensure fitness for purpose

    4 Open access to and free flow of data will be provided

    5 Harmonised licensing policies will be introduced

    6 Commercial exploitation of data will be facilitated

    Risks obstacles
    Risks & Obstacles Information

    Insufficient clarity of purpose

    • Lack of direction

    • Shortage of essential information

    • Inconsistency of definitions

    • Different aims & objectives

    • Conflicts of interest

    • Overlapping projects

    • Pressure on time

    • Inadequate funding

    Dp li position paper
    DP&LI Position paper Information

    • Define the scope, definitions, etc of INSPIRE

    • To set out the legal framework for INSPIRE implementation

    • A policy framework for INSPIRE implementation

    • Aim for transparency, clarity and simplicity

    Individual country statements
    Individual Country Statements Information

    National Background

    • NMAs & key GI players

    • main providers of information

    • academic involvement

  • Data Policy

    • PSI access regime

    • charging arrangements

    • environmental data rules

  • Legal Framework

    • IPR background

    • FoI

    • Privacy & data protection

  • Priorities

  • Questions gi data policy workshop
    Questions GI Data Policy Workshop? Information

    • Do the policy recommendations cover your interests adequately?

    • Are the legal hurdles addressed?

    Key questions
    Key Questions? Information

    • Should there be a Directive or a Regulation?

    • Is the link between INSPIRE & Aarhus/new EI Regulations clear?

    • Should the INSPIRE address commercial exploitation of public sector information as well as DG Info Society?

    • Does environmental information include maps?

    • What are the data policy consequences of public/private partnerships? (ISF issue)

    Key questions1
    Key Questions? Information

    • Do Member State reports cover all INSPIRE issues?

    • Which are the best practicable options for:

      • Data Protection

      • Liability

    • Are the concepts of “open access” and “free flow” sufficiently clear?

    • Should INSPIRE regulate charging policies?

    Moving forward
    Moving Forward... Information

    • Be realistic rather than too ambitious

    • Seek advice of partners

    • Solve the pricing debate

    • Complementary to the DG Inf Soc

    • Agree a basic common position and build on it

    • Assess the costs and benefits

    Gi nius
    GI-nius... Information

    ...6 months of INSPIRE could save 6 years of inefficiency

    Thank you for listening