the review of the eu public sector information re-use directive: towards global action chris corbin...
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The review of the EU Public Sector Information re-use Directive:
towards global action
Chris CorbinePSIplus Analyst
GI2008 Symposium, Dresden, 16th May 2008
funded by eContentPlus
The European Union: A Multi-national PSI Case study
www.ePSIplus.net
490 Million people
Multi-lingual(23 Official Languages)
Multi-cultural
900,000+ public sector organisation’s (Employing50+ million people)
25 million SME’s (Employing75+ million people)
Euro Zone
A single market - freedom of movement for people, goods, services & Capital.
Public Sector Information in the EU Context
Total set of public sector data held by the public sector
Public sector data produced as part of the public task
Legal basis:
• Data Privacy (Directive 95/46/EC & 2002/77/EC) • Database protection (Directive 96/9/EC)• Access to environmental information (Directive 2003/4/EC)• Re-use of PSI (Directive 2003/98/EC - MS Compliant 1.07.05)• Intellectual Property Rights (Directive 2004/48/EC - MS compliant by 29.04.06)• INSPIRE (Directive 2007/2/EC - MS Compliant 15.05.09)
In the wings!eGovernment (COM/2003/0406 & COM/2004/0219)
Held by over a million public organisations within the EU and used by over 50+ million public sector employees!
There is no Data Access framework in place at the European Union (EU) level. Within Members States the access to data and information is often based on the Freedom of Information
laws where they exist.
www.ePSIplus.net
EU Treaty - Article’s 81 & 82Transparency of Public Undertakings (Directive 2006/111/EC MS Compliance 19/12/06)(First Directive came into force in 1981)Public Procurement (Directives 93/8/EEC & 98/4/EC & 2004/17/EC, 93/87/EEC & 97/52/EC & 2004/18/EC. MS Compliant 31/01/2006)
European Competition Network
Compliancewith these Lawsis variable.
Directive legal relationships
www.ePSIplus.net
Issues
- How are these Directives regulated and by whom?
- Is the regulation consistent and seamless?
Directive 95/46/EC
Directive 2003/98/EC
Directive 2007/2/EC
Article 2.5
Article 2.1
Directive 2003/4/ECPrivacy
FOI Environment
PSI Re-use
INSPIREArticle 13.3
Article 4.2
1.07.05
14.02.05
14.05.09
All Directives listed appertain:- to data either access too or use of;- to all parts of society
24.10.98
DIRECTIVE 2003/98/ECDIRECTIVA 2003/98/CEDIREKTIV 2003/98/EFDIREKTIV 2003/98/EGDIREKTIVA 2003/98/EKDIREKTIIV 2003/98/EÜDIRETTIVA 2003/98/CEDIRETTIVA 2003/98/KEΟΔΗΓΙΑ 2003/98/ΕΚRÁDSINS 2003/98/EBRICHTLIJN 2003/98/EGRICHTLINIE 2003/98/EGSMERNICA 2003/98/ES
The 30 year story!
www.ePSIplus.net
2005
2006
2008
1989
1999
2004
Europe has Implemented
the PSIFramework
OECD in parallel
MS = 12
MS = 15
MS = 25
MS = 27
20 Year Summary
1st Decade: (1989-1998)- Much talk but little action!
2nd Decade (1999 -2008):- Set of laws put in place, a lot of action, awareness raised, but a number of stubborn issues persist, review underway!
www.ePSIplus.net
European Commission activity 2008
The time intervalThat is monitored by ePSIplus
ePSINet + ePSINetCee
EU PSI Directive 2003/98/EC
PoliticalReview
2004 2005 2006 2007
1.07.05 Member States
comply
2008 2009PSI directive came
into force31.12.03
We are here!
ePSIplus
MEPSIR
Micus Study
ePSI++?Economic growth due to PSI Re-use?
Commission Decision
2006/291/EC20.04.06
ePSIplusConference
13.06.08
www.ePSIplus.net
The MICUS survey’s - 2008
Geographic Information - Public Sector information holderhttp://212.114.128.211/rogator/micus/0803n_geo_psi_holder/
Geographic Information - Re-userhttp://212.114.128.211/rogator/micus/0803n_geo_psi_reuser/
Meteorological information - Public Sector information holderhttp://212.114.128.211/rogator/micus/0803n_meteo_psi_holder/
Meteorological information – Re-userhttp://212.114.128.211/rogator/micus/0803n_meteo_psi_reuser
Legal Information - Public Sector information holderhttp://212.114.128.211/rogator/micus/0803n_legal_psi_holder/
Legal Information – Re-userhttp://212.114.128.211/rogator/micus/0803n_legal_psi_reuser/
Or access via ePSIplus news at:http://www.epsiplus.net/news/european_psi_survey_changes_gear
www.ePSIplus.net
OECD - Objectives of the PSI policy principles
Policy principles for enhanced access and more effective use of public sector information:
Objectives
• Guidance for enhanced access and more effective use for public and private sectors
• Increase total returns on public investments and economic and social benefits through:• more efficient distribution• enhanced innovation• development of new uses• market-based competition
• International policy principles contribute to global exchange and use of public information
www.ePSIplus.net
OECD - The PSI policy principles
Outline of the OECD Policy principles:
• Openness: Assume openness as a default rule for all funding models, define limitations (privacy, security, etc.).
• Access and transparent reuse conditions: Non-discriminatory competitive access, limited restrictions.
• • Asset lists: Awareness, easy to find, clear information on conditions.
• Quality: Methodical collection, reliability, compatibility.
• Integrity: Best practice information management, no unauthorised modification.
• New technologies and long-term preservation: Interoperability, address technological obsolescence.
• Copyright: Exercise to facilitate re-use including 3rdparty holders.
www.ePSIplus.net
OECD - The PSI policy principles
Outline of the OECD Policy principles continued:
• Pricing: Agreeing pricing which facilitates access, consistency across organisations, marginal cost where possible.
• Competition: Pricing and unfair competition, cross-subsidisation, downstream equality where comparable.
• Redress mechanisms: Providing transparent complaints and appeals processes
• Public private partnerships: Financing digitisation whilst increasing access and re-use rights to third parties.
• International access / use: Consistency in access regimes and administrations to facilitate cross-border use, interoperability & sharing.
• Best practices: share widely, information exchange.
www.ePSIplus.net
OECD - Towards the adoption of PSI policy principles
Conclusions from Paris Meeting two breakout groups:
• Importance of OECD PSI Principles and follow-up
• Produce & Maintain a manual to improve measurement: strong case
• Repository: strong case but some issues to be clarified
• Academic research: strong case, new topics and approaches proposed: Clarify PSI definitions, further data collection, mapping the value chain
www.ePSIplus.net
EC Present
http://www.oecd.org/site/0,3407,en_21571361_38415463_1_1_1_1_1,00.html
OECD - Towards the adoption of PSI policy principles
www.ePSIplus.net
Sampling experiences
(gathering evidence)
ConsideringComparingConcluding
1. Draft2. QA3. Publish
The meeting
Setting the scene
Meeting report
92 Presentations
361 experts
ePSIplus - One stop shop to PSIThe evidence base
(web site)
Assigned ePSIplus Analyst
Assigned ePSIplus Analyst
Experts that attended meeting
ePSIplus Meetings: Evidence process Thematic meetings completed: 11 out of 15
Accumulative Total
National meetings completed: 18 out of 355 reports published
967 experts
Accumulative Total
Assigned ePSIplus Analyst
166 Presentations
Combined accumulative total:
- 258 presentations- 1328 experts attended meetings- 14 reports
By end of project estimate:
- Presentations 410- Experts 2200- Reports 50
10 Reports published
ePSIplus - The One Stop Shop to PSI
Live: 27.09.06
Objective: To become the first port of call for information on PSI re-usewww.ePSIplus.net
Home page
Total number of news items posted: 842
ePSIplus Thematic Network One stop shop to PSI - News items per
0
10
20
30
40
50
60
70
Sep-06
Oct-06
Nov-06
Dec-06
Jan-07
Feb-07
Mar-07
Apr-07
May-07
Jun-07
Jul-07
Aug-07
Sep-07
Oct-07
Nov-07
Dec-07
Jan-08
Feb-08
Mar-08
Apr-08
May-08
Month
Number of news items
ePSIplus Thematic Network One stop shop to PSI - News items by thematic area of interest
25%
26%23%
12%
14%
LegalPublic PrivatePricingQuality
www.ePSIplus.net
PSIDirective
MemberState (or EC)
PSITransposition
PSIPolicy
PSIHolders
PSIRe-user
PSI Regulation (Does it exist? If YES is it effective?)
ePSIplus - gathering the evidence
Monitoring the effectacross the value chain
Is there a gap or disconnect between
policy and reality?Is the policy
maker aware of the gap?
Evidence showsthere is a disconnect.
Monitoring existence of policy is not enough!
Is there resistance(inertia)? Can the cost be estimated? The lostopportunity cost!
What is the estimated cost (or value)?
Offset?
www.ePSIplus.net
PSI Directive - the ePSIplus way forward
The evidence shows that:
• Action is needed to improve the implementation and enforcement of the framework.
• The action needs to:• Improve the implementation and enforcement of the framework in the
shortest time frame possible.• Be at the appropriate level. E.g. European Union, Member State or
below.
So what actions could be taken?
www.ePSIplus.net
PSI: examples of gathering the evidence in Member States
EU PSI Directive 2003/98/EC
PoliticalReview
2004 2005 2006 2007
1.07.05 Member States
comply
2008 2009PSI directive came
into force31.12.03
We are here!
CUPI Report
PSI Alliance
Latvian Survey
Power of Information
Report
Cambridge Report
http://www.epsiplus.net/news/psi_recommendations_for_action
UK actions
Latvian actions
PSI Re-use industry actions
http://www.epsiplus.net/reports/the_oft_cupi_report2
http://www.epsiplus.net/news/the_cambridge_study
http://www.epsiplus.net/news/publiska_sektora_informacijas_atkalizmantosana_latvija
http://www.epsiplus.net/news/psi_alliance_launched
www.ePSIplus.net
Summary - Towards global consensus and action
CommissionEvidence
OECD Evidence
ePSIplusEvidence
SimilarProposals!
Converging proposals
www.ePSIplus.net
PSI Directive - possible actions
Strengthen the Directive for example improve definitions, remove opt outs?• This would take a long time to have an impact! Unlikely.
The European Commission to:
• Publish clearer guidance to the Member States as to how the Directive should be implemented;
• Ensure the European Competition Network takes the appropriate action to ensure the PSI Re-use market is functioning.
• Bring in a requirement for Member States to repot annually to the European Commission on progress with respect to implementation. The report should be public.
• Maintain an independent monitoring action and PSI portal
• This is a short term action which might reduce the variation. Likely
The above would also dovetail with OECD PSI policy actions (post Korea)
Member States to ensure:
• A simpler standardised license regime is brought in and made operational, for this to then be reviewed as to whether further simplification could be implemented.
• The redress procedures are effective.
• All public sector bodies must comply with the Directive - that is the national transposition goes beyond the Directive to remove opt outs and avoidance actions.
• Financial transparency.
There is evidence that a number of Member States have gone beyond the requirements of the Directive and a number are now moving to do so in the area of charging. Likely
www.ePSIplus.net
PSI Directive - possible actions
The focus of the third decade is likely to focus on ensuring the PSI Re-use framework functions.
Other likely actions to include:
• The development and roll out of a tool kit for training public sector employees on PSI re-use.
• Rationalising the various data policies through merging existing Directives (Laws)
• Improving the governance of the public sector
www.ePSIplus.net
PSI Directive - The Third Decade
If Member States fail to take action then the trend that is now visible in civil society of building and maintaining alternative data sets is likely to accelerate.
There is much still to be done!
It is time to take real action
that
reduces the tension
at the
supply and demand interface.
www.ePSIplus.net
PSI Directive - The Third Decade
www.ePSIplus.net
We hope to see you there!
Interested in PSI? Then why not visit:
www.ePSIplus.net
Thank you for your attention
funded by eContentPlus