Dear Jan, this has been a source of confusion in Germany as well. The PSI-OD-Directive states that the Directive does not create new rights of access and relies on existing (member state laws) on access.
However, this is a bit missing the point as the Directive is not about access but about reuse. At least in Germany, getting access to documents did not mean that you could re-use them. When combining an access law with this PSI-OD-Directive, you take the existing access law with the right to re-use. Mathias On Sat, Jun 22, 2024 at 3:50 PM Jan Ainali <[email protected]> wrote: > 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] >
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