Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress PSI in Belgium: state of the art Cristina Dos Santos CRID – University of Namur (FUNDP) Belgium

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress  Legal framework  The ASA (Federal Agency for the Administrative Simplification)  The ‘Transparency Committee’  The CADA (Federal Commission of Appeal on Access to and Re- use of Public Documents)  Public action in Belgium to stimulate PSI re-use  Example of commercial re-use: the BCE (Crossroads Bank for Enterprises)  The private sector side: the AGORIA “experience”  More information about re-use of PSI in Belgium… PSI in Belgium: state of the art

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress  Belgium is a federal State, therefore its legal framework is relatively complicated:  each Region (Walloon, Flanders and Brussels-Capital) and Community (French, Flemish and German) has its own PSI legislation  neither implemented at the same time nor in the same way e.g. two Walloon Decrees of 14 December 2006; Decree of 18 December 2006 of the German-speaking Community; Decree of 27 April 2007 of the Flemish Community; Order of 6 March 2008 of the Brussels-Capital Region…  PSI Directive was only transposed at the federal level by the Law of 7th March 2007 (& Royal Decree of 29 October 2007)!  9 different “laws” implemented only for Belgium! Belgium Legal framework

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress  A service accountable to the Belgian Prime Minister  It was asked to transpose the European Directive at the federal level (national “Re-use of PSI” website)  It coordinates the transposition activities at other levels of governance  It has put in place the ‘Transparency Committee’ and its management  Problem: “wears several hats”, more coordination but with which independence? The ASA (the federal ‘Agency for Administrative Simplification’):

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress  Its members come from main Federal Ministries (SPF) and national “public” institutes (as the IGN – National Geographical Institute)  Provides input on :  public directories of PSI (catalogues),  guidance on charges,  access to information (central website, electronic registers, central database, metadata, etc)  Remain barriers to PSI: how to update information and who is in charge of updating directories/ catalogues/ links? Content? Conditions to re-use? The ‘Transparency Committee’:

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress  Commission composed by two different sections:  1) Access to public documents (“FOI Act”) : gives only opinions about what could be accessed, on which conditions, etc  2) Re-use of public documents (“Re-use Law”) : power of appeal/decision  no appeals & case law to date!  Members from public sector and private sector (both language communities represented)  Limits :  Lack of financial means : honorary task  which involvement from its members (in the long term)?  No legal protection of their status (personal liability)?  Ability/competence of its members? Independence? The Federal Commission of Appeal on Access to and Re- use of Public Documents (CADA):

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress  Clear “goodwill” of the federal government to promote access to information and re-use of public sector information:  even if re-use is not mandatory by law, public administrations are requested to reorganise their internal information/documents in order to provide public knowledge and legal certainty!  But deadlines are vague!  Difficult to meet private sector demand if re-use is not mandatory for public administrations  interest for them?  Problems of third parties copyright and IPR  which conditions? Public action in Belgium to stimulate PSI re-use:

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress  It is a PSI holder (data on enterprises, freelances)  Has a specific legal basis and conditions to re-use:  how to buy data  which data are concerned  target public  conditions and charges  standard licence  But the non-commercial re-use is still not possible and potential re- users may access to data only buying the full package (high cost for small and medium-sized companies)! Example of commercial Re-use: the BCE (Crossroads Bank for Enterprises)

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress  Belgian Federation of the Technology Industry  its members are “potential” re-users  Barriers encountered by private/industrial sector:  lack of knowledge on where to find clear information  lack of clarity on public licences, legal uncertainty (copyright, third parties’ IPR)  financial obstacles (high charges for commercial re-use)  demand on full collaboration between potential re-users and PSI holders  How to reach a right balance between the private sector and the public sector interests? The private sector side: the AGORIA “experience”

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress More information about the Belgium Re-use of PSI state of the art on: ASA website (in English): BCE website (in French) : CADA website (in French) : JURITIC (training day) about Re-use of PSI (organised by CRID/ FUNDP): And/or es es

Stockholm 24 November European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress Thank you for your attention! Cristina Dos Santos (CRID - University of Namur, Belgium) On the occasion of its 30th anniversary, the Research Centre on IT and Law (CRID) of the University of Namur (Belgium) is organizing the International Conference "An Information Society for All : A Legal Challenge" For information and registration, please visit