Unfortunately, the Swedish tranposition made it explicit that unless the data was already free thanks to other laws, this law can not be used to make it so. (§2)
https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-2022818-om-den-offentliga-sektorns_sfs-2022-818/ Jan Ainali https://aina.li https://govdirectory.org Den lör 22 juni 2024 kl 13:38 skrev Mathias Schindler < [email protected]>: > Hi everyone. > > Some might remember the 2019 recast of the EU PSI Directive (which is now > also called Open Data Directive) which has a nice round number EU/2019/1024 > (https://eur-lex.europa.eu/eli/dir/2019/1024/oj). As a directive, it has > been transposed in EU member states and is also transposed/about to be > transposed into the EFTA states. > > I was involved in the 2019 recast as a member of the staff of MEP Felix > Reda who wrote the opinion in the IMCO committee of the European Parliament > (the leading committee was ITRE: > https://www.europarl.europa.eu/doceo/document/A-8-2018-0438_EN.html#_section8 > ) > > The Directive has both a general principle on the reuse of content but > also paragraph about how to process requests for re-use. > > Germany transposed the PSI-OD-Directive into the "Datennutzungsgesetz" in > 2021 but left out the processing part for requests for re-use. I spoke to a > civil servant in the responsible ministry who was involved in the drafting > process and she stated that this was by design. Since the "general > principle" on re-use applies, there would be no use for requests any more. > This idea has been rejected by academic literature which still claims that > the possibility for requests remain embedded in the law > > Long story short: After reading the literature, the directive and the law, > I believe that Germany has introduced a law that would allow liberating > content for re-use under license terms compatible with Wikimedia projects. > > For a few weeks now, I have put this theory to the test and I have applied > for usage rights for various government documents, pictures etc. This has > been largely successful, but not without hickups. People in the > administration are usually confused by these requests and it takes them a > while to process them. > > I would be interested to learn if anyone else in any other EU/EFTA state > has ever used the PSI-OD-Directive (and the transposed law) to force > government entities to release content under a free license. > > This was the most concise way of describing this for me. I left out many > details in order to not turn this into a long paper. I am happy to > elaborate on details if requested. > > Mathias > > (there are some exceptions in the directive. GLAM institutions are not > fully within the scope of all parts of the directive and it is not as > simple to simply go to a museum or a library and tell them to give you a > license for stuff they own. Public broadcasting it also out of scope) > _______________________________________________ > Publicpolicy mailing list -- [email protected] > To unsubscribe send an email to [email protected] >
_______________________________________________ Publicpolicy mailing list -- [email protected] To unsubscribe send an email to [email protected]
