1. PSI Policy Principles: European Best practice Chris Corbin Independent researcher on Information Policy CEE-SDI, Prague, 13 th May 2009

2. www.ePSIplus.net The knowledge bank European monitoring actions – Public Sector Information 50 Reports published, 400+ presentations published 2250+ experts attended meetings 1300+ news items posted

3. www.ePSIplus.net The global spread & the 30 year story! 20 Year Summary 1 st Decade: (1989-1998) Much talk but little action! 2 nd Decade (1999-2008): Set of laws put in place, a lot of action, awareness raised, but a number of stubborn issues persist, review completed. 3 rd Decade (2009-2018): Making it work! The knowledge bank European and OECD timeline of PSI actions 2005 2006 2008 1989 1999 2004 Europe has Implemented the PSI Framework OECD in parallel Member States such as New Zealand & Australia acting on OECD policy MS = 12 MS = 15 MS = 25 MS = 27 April June EC Commissioned studies May 2009

4. www.ePSIplus.net PSI Directive: EU27 transposition time analysis Denmark Estonia Finland France Ireland Poland Slovakia Slovenia Sweden UK Belgium Czech Republic ? Greece Hungary Italy Latvia Lithuania Netherlands Cyprus Germany Malta Romania Austria Bulgaria Luxembourg Portugal Spain Sweden Denmark Poland Hungary? 2008 Italy

5. www.ePSIplus.net PSI Policy - The knowledge bank Best practice based on the experiences of 39 Countries European Union PSI Directive European Union PSI Directive European Union PSI Communication European Union PSI Communication OECD PSI Policy Principles OECD PSI Policy Principles EU Member States PSI Implementation EU Member States PSI Implementation EU Member States PSI Implementation improvements EU Member States PSI Implementation improvements 70% of EU MS 2003 2008 2009 2005-2008 2009-2012 Mandatory Recommendations

6. 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

7. 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.

8. 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.

9. www.ePSIplus.net Implementing PSI policy – building blocks Basic building blocks for success: Governments and their administration must have a track record of: Operating openly; Acting transparently; Being accountable. Governments and their administration must recognise that they are: Not self providing and sustaining; Part of society; Dependent upon the products and services provided by society to operate and should only provide products and services where society is unable to do so and then only as long as that is needed; The guardians of the society’s information that they hold; Serving the society.

10. www.ePSIplus.net Implementing PSI policy - principles Public Sector Information Public Sector Information is the fuel that enables the public sector to operate (function) and as a consequence is an asset that requires management. Once the public sector information has been created then it becomes subject to a range of policies that set out how the public sector information is managed, maintained, preserved (archiving), and how it maybe used both within the public sector and with others in society that may wish to re- use the information either for non commercial (democratic processes or other purposes) as well as commercial purposes.

11. www.ePSIplus.net The knowledge bank The European legal toolkit that governs or underpins PSI European Union - 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) EU Treaty - Article’s 81 & 82 Transparency 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) Member State – Legal basis If a Member State of the European Union - then transposition of EU laws Access law (Freedom of Information)

12. www.ePSIplus.net Implementing PSI policy - principles Public Sector Information Public Sector Information is very broad and embraces many types and categories of data and information – some of which is familiar to you within the geographic information community. Public Sector Information is held by many different public sector bodies at different layers of government. Public Sector Information involves a large number of public sector employees. The structure of the public sector is dynamic. With the above in mind SIMPLE FLEXIBLE POLICIES are proven to be the most effective.

13. www.ePSIplus.net Implementing PSI policy – Good practice Public Sector Information body Good Practice 1 - Leadership Member States should appoint one public body to be the guardian of Public Sector Information policy. (over seer of the policies and the implementation) The body needs to be near the pinnacle of government (the administration). The body needs to have a remit that covers all of the public sector. The body will co-operate with thematic policy bodies (for example INSPIRE, e-Government) and regulators (Information Commissioners). Public Sector Information

14. www.ePSIplus.net Implementing PSI policy – Good practice Public Sector Information body Good Practice 2 – Minimal Legal base Member States should keep the number of laws to a minimum especially those that relate to public sector bodies. Too many laws confuse and constrain flexibility. (government changes as society changes they are not static entities!) Public Sector Information

15. www.ePSIplus.net Implementing PSI policy – Good practice Public Sector Information body Good Practice 3 – Implementing the legal frameworks When implementing the public sector re-use framework there should be a clear separation of the re-use framework law from the access to public sector information framework law. Simplicity and flexibility is required – in this example separation of framework policies. Recognition that in many countries even those with a long history of open government that the access law is a sensitive issue. Public Sector Information

16. www.ePSIplus.net Implementing PSI policy – Good practice Public Sector Information body Good Practice 4 – Financial charges There should be either no financial charge or a charge based on the cost of provision (the distribution cost) and only then if it is cost effective to do so. The public sector information re-use framework should not be used as a mechanism to finance each public sector body and its public task. Public Sector Information

17. www.ePSIplus.net Implementing PSI policy – Good practice Public Sector Information body Good Practice 5 – Licences Avoid them if at all possible but if it is deemed that a Licence is required then there should be one standard simple licence that applies to the whole of the public sector - preferably a click-use type licence or attributed licence (a creative commons type licence) Keep it simple! Time is of the essence – the cost of operating the licensing framework should be kept to the bare minimum. A licence should not be used to collect statistics – this is misuse of a licence Public Sector Information

18. www.ePSIplus.net Implementing PSI policy – Good practice Public Sector Information body Good Practice 6 – Exclusive arrangements Avoid them altogether – there are very few examples where the public sector needs to enter into an exclusive arrangement in the interests of the society. Where exclusive arrangements are still in place phase them out immediately and ensure that they are open and transparent. (If a Member State of the European Union this should have been completed by the 1 st January 2009 - beware!) Public Sector Information

19. www.ePSIplus.net Implementing PSI policy – Good Practice Public Sector Information body Good Practice 7 – Complaints process A simple cost effective complaints process should be established that operates in a timely manner. Avoid using existing codes of practice (For example an Ombudsman) and Administrative Courts as these are too slow and not adapted to facilitate the re-use of public sector information in a timely manner. For business opportunities time is of the essence! Public Sector Information

20. www.ePSIplus.net Implementing PSI policy – Good Practice Public Sector Information body Good Practice 8 – An Effective re-dress system Implement an effective re-dress system and empower a regulator to implement it and enforce the decisions. It is important that Political interference does not occur. The re-dress system must be level and equally applied to both sides of the supply-demand chain. Public Sector Information

21. www.ePSIplus.net Implementing PSI policy – Good Practice Public Sector Information body Good Practice 9 – Waive copyright Avoid applying copyright to public sector information that originates from within the public sector. If this cannot be done to ensure that the application of the copyright does not inhibit down stream re-use of public sector information – for example derived copyright should not be applied. Much of public sector information originates from a number of public sector bodies or from society – for example farmers in the context of this conference. Public Sector Information

22. www.ePSIplus.net Implementing PSI policy – Good practice Public Sector Information body Good Practice 10 – Avoid Competition Public Sector bodies should not compete with the private sector (or society) or compete within itself. If it is deemed necessary for a public sector information holder to compete on the open market then this must only be permitted where: the trading entity is treated as any other re-user of public sector information (price, terms of conditions); there is no cross subsidisation; there is financial transparency; and The public sector entity is subject to competition law and penalties. Public Sector Information

23. www.ePSIplus.net Summary - 1 The good practices identified are based upon evidence that is available. (As such it is a delaying factor to keep asking for further evidence before one adopts the good practices identified!) Where the good practices have been adopted and implemented then the evidence shows that the return on investment from public sector information is maximised (at no detriment to the public sector) and as a consequence stimulates growth in the information products and services market – the customer in effect has greater choice! In summary adoption of the good practice is a WIN:WIN scenario for both sides of the supply-demand chain.

24. www.ePSIplus.net Summary - 2 Where the good practice is not implemented and the public sector policies are restrictive then substitute data sets appear this is particularly the case due to technological advances in the geographic and recently also the meteorological sectors. As this Conference is being held in Europe a further consequence of restrictive practices (a form of state protectionism) or poor implementation of the European PSI Directive is the opening the market to global market players at the detriment to European enterprises!

25. Interested in PSI? Then why not visit: www.ePSIplus.net & http://ec.europa.eu/information_society/policy/psi/index_en.htm Thank you for your attention www.ePSIplus.net