stockholm 24 november 2009 1 european psi platform - meeting 1: stimulating psi re-use: european...

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

[email protected]



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



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



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’):



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’:



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):



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:



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)



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”



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

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

And/or http://www.epsiplatform.eu/news/news/belgium_psi_re_use_seminar_publishes



Thank you for your attention!

Cristina Dos Santos

(CRID - University of Namur, Belgium)

Email: [email protected]

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/ .