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 any 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

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

2DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

1. Definition

3DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

4DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

2. Antecedents

5DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

- 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

6DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

7DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

8DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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.

9DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

3. New European judicial framework for opening access to and

reusing information

10DGACD ‘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-usersHow 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.

?

11DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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».

12DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Open data strategy European Comission

Source: Project Aporta (furnishing) datos.gob.es

13DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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.

14DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

15DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

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4. Changes in regulations

17DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

18DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

- 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.

Changes in Directive 2013 2/6 Technical and legal conditions for publication

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Changes in Directive 2013 3/6 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.

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

20DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Changes in Directive 2013 4/6 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

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

21DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Changes in Directive 2013 5/6 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

22DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Changes in Directive 2013 6/6 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.jpg

23DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

5. The new Directive in Catalonia

24DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0 http://dadesobertes.gencat.cat/en

Open Web Data Generalitat (Catalan Government)

25DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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.

- EuropaEuropean comission (data with preferential publication date), licences and fees.

26DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Catalunya Dades Online

27DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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).

28DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

29DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

6. What is meant by opening access

to data (PSI) for the Generalitat

of Catalonia

30DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

31DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Data journalism

32DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

2. Ensuring interoperability among administrations

33DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Interoperability Open AgendaCompany Pimpampum

Description Agenda of activities in the territories where Catalan is spoken.

Dataset Cultural Agenda of Catalonia. Winner of the puntCat 2011 Grant

ober

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

34DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

3. Offering services from social websites

35DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Offering services from social websites Twitter, Feina Activa

Description23 Twitter profiles offering employment separated by categories

DatasetJob offers from the Employment Office of Catalonia

An increase of 800% in web access to Feina Activa from Twitter

36DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Description14 Twitter profiles with the current state of all the lines of the suburban railway network of Catalonia known as Rodalies

DatasetState of the services of the suburban railway network of Catalonia

Offering services from social websites Twitter Rodalies

37DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

4. Developing mobile applications

38DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Mobile services The Weather

CompanyLujop

DescriptionThree-day weather forecasts, precipitation reports from meteorological radars and information about temperatures, wind speeds and accumulated rainfall. Via Android.

DatasetForecasts by the Catalan Meteorological Service

39DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

CompanyRepilpa

DescriptionReal-time traffic reports from across Catalonia, based on information provided by the Catalan Transit Service. Via Android.

DatasetInformation from the Catalan Transit Service

Mobile services Traffic news

40DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

CompanyAmidasoft

DescriptionHotels, rural tourism lodgings and campsites in Catalonia, with services offered, prices, opening hours, location etc. Via Android.

DatasetTourist accommodation in Catalonia

Mobile services Tourist accommodation

41DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

applications

42DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Intellectual property Opening access to data

gencat.cat/santjordi

43DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

://b

it.ly

/fIE

Xla

44DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Basque Government Networks Guide Reuse

>Cinquena edició:

Febrer 2012

Fifth edition:February 2012

45DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

6. Encouraging transparency

46DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Transparency portal 1/3 gencat

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47DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

Transparency Portal 2/3 data type

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Data is available in 3

formats: Web, open (semantic) and info-

graphic. A video-graphic

format will soon be

available.

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Transparency Portal 2/3 info-graphics

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49DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

MEPRanking is a website, updated weekly, with news of the Parliamentary activity of European elected representatives.

mep

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eu

Citizens’ initiatives open data

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7. Generating economic activity

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Map services eixos.cat

Companyplanol.info

DescriptionMaps showing activities, services and facilities - designed to provide sites for businesses and other organisations

DatasetFacilities in Catalonia

Winner of the puntCat 2011 Grant

52DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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

53DGACD ‘Open Data policy in Catalonia’. Flemish Public Governance Department. Brussels, September 2013 CC – BY 3.0

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