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