1. Stockholm 24 November 2009 1 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 cristina.dossantos@fundp.ac.be

2. Stockholm 24 November 2009 2 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

3. Stockholm 24 November 2009 3 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

4. Stockholm 24 November 2009 4 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’):

5. Stockholm 24 November 2009 5 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’:

6. Stockholm 24 November 2009 6 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):

7. Stockholm 24 November 2009 7 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:

8. Stockholm 24 November 2009 8 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)

9. Stockholm 24 November 2009 9 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”

10. Stockholm 24 November 2009 10 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): http://www.simplification.be/doc/1235491058-5398.pdf BCE website (in French) : http://economie.fgov.be/fr/entreprises/BCE/Entreprises/Comm/index.jsp http://economie.fgov.be/fr/entreprises/BCE/Entreprises/Comm/index.jsp CADA website (in French) : http://www.ibz.be/code/fr/loc/instit.shtml#10 JURITIC (training day) about Re-use of PSI (organised by CRID/ FUNDP): http://www.juritic.be/pages/textes-15mai2009.html http://www.juritic.be/pages/textes-15mai2009.html And/or http://www.epsiplatform.eu/news/news/belgium_psi_re_use_seminar_publish es http://www.epsiplatform.eu/news/news/belgium_psi_re_use_seminar_publish es

11. Stockholm 24 November 2009 11 European PSI Platform - Meeting 1: Stimulating PSI Re-use: European Progress Thank you for your attention! Cristina Dos Santos (CRID - University of Namur, Belgium) Email: cristina.dossantos@fundp.ac.becristina.dossantos@fundp.ac.be http://www.crid.be/ 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 http://www.crid.be/30years/.http://www.crid.be/30years/