Public sector information: a key resource for Europe - Green Paper on public sector information in the information society
Date: 1999-01-20
Institutions: European Commission
Subjects: access to information, administrative transparency, dissemination of information, information policy, public administration

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels, 20.01.1999 
COM(1998) 585  final 

-PUBLierSECTORWNF-ORMATON^^ 

GREEN PAPER ON PUBLIC SECTOR  INFORMATION 

IN THE INFORMATION bOCIL IY 

•>• 

i-

(presented by the Commission) 

TABLE OF CONTENTS 

Introduction: 

The issue 

Chapter I: 

Why is public sector information a key resource for Europe? 

1.1  Importance of access for European citizens 

1.2 Public sector information: Opportunities for economic growth and employment 

Chapter  I I: 

The Information Society and the public sector 

11.1 Electronic Government 

11.2 Electronic Government and public sector information 

11.3 Electronic access for all? 

1 

3 

3 

5 

8 

8 

9 

10 

Chapter  III: 

Issues  linked to access and exploitation of public sector information 

11 

111.1  Definitions 

111.2  Conditions for access to public sector information 

111.3 Practical tools for facilitating access 

111.4 Pricing issues 

111.5  Competition  issues 

111.6 Copyright issues 

111.7 Privacy  issues 

111.8  Liability issues 

111.9  EU information 

Concluding remarks 

List of q uestions 

Annexe  1: 

Current situation  in Member States regarding  legislation and policy 
on access to public sector information. 

Annexe 2: 

European Commission action relating to public sector  information 
The background to this Green Paper 

Annexe 3: 

Current situation in the US: the legal framework 

11 

11 

12 

13 

15 

15 

16 

16 

17 

18 

19 

20 

26 

28 

A*-

iThe issue' 

^Sb iftft'-sSr 
sector 

information1 

plays 

a 
1.  Public 
fundamental  role in the  proper  functioning  of the 
internal market and the free circulation  of goods, 
services  and  people.  Without  user-friendly  and 
legislative, 
readily  available  administrative, 
financial  or  other  public  information,  economic 
actors cannot make fully  informed decisions. 

information 

in  Europe 

2.  Public 
is  often 
fragmented  and  dispersed  and  so  in  many 
instances  it  is  less  clear  than  intended.  This 
situation 
is  mainly  due  to  differing  national 
legislation2  on  the  ways  information  can  be 
accessed and exploited, and to various  practices 
which  hamper  the  availability  of  data. The  issue 
at  stake  is  not  that  Member  States  should 
produce  more 
the 
information  which  is  already  available  to  the 
public  should  be clearer  and  more  accessible  to 
potential users. 

information,  but 

that 

In 

this 

industry. 

3.  The ready  availability  of public  information  is 
an absolute  prerequisite  for  the  competitiveness 
of  European 
respect,  EU 
companies  are  at  a  serious  competitive 
their  American 
disadvantage  compared 
to 
counterparts,  which  benefit 
from  a  highly 
developed, efficient  public  information  system at 
all  levels  of  the  administration.3  The  timely 
availability  of  public  sector  information  is  also 
increasingly  important  to  further  the  networked 
economy  and valorise its economic potential. 

6.  Whereas  the  increasing  use  of  electronic 
media  to  store  and  to  disseminate  public  sector 
information  can  serve  to  improve  this  situation, 
this  has  also  tended  to  magnify  still  further  the 
differences  that  already  exist  between  Member 
States.  Certain  Member  States  have  begun  to 
examine  the  effects  of  new  technologies  on  the 
public service and in particular  on access to and 
exploitation of public sector information.4 

for 

topic 

the 
important 
is  also 
7.  This 
enlargement  of 
the  EU,  where  candidate 
Member  States  will  have  to  adapt  their  legal 
systems  and  public  services  to  comply  with  the 
requirements  of  the  EU  membership.  Better 
information  will 
access 
contribute to this process. 

to  public  sector 

is 

8.  The  need  for  launching  a  concerted  debate 
at  the  European  level  is  now  more  clear  and 
urgent  than  ever.  The  objective  of  this  Green 
Paper 
to  undertake  a  broad  public 
consultation  involving  all  the  actors  concerned 
with  a  view  to  examining  the  main  issues  at 
stake and also to triggering  a political  discussion 
at  European  level.  The  Green  Paper  draws  on 
the 
preliminary 
consultation  process  that  started  in  June  1996 
the 
and  has 
Member States, from citizens' and users'  groups 
and from the private sector and more  specifically 
the  information  industry.  All  those  consulted 
considered  it appropriate  to  launch  a  debate  on 
this issue. 

results  of  an  extensive 

representatives 

involved 

from 

4. 
In  Europe  the  issue  is  particularly  crucial  to 
SMEs, which  have fewer  resources  to  devote  to 
an  often  difficult  search 
fragmented 
this  has  a  negative 
information.  Ultimately, 
bearing  on job  creation.  The  same  goes  for  the 
difficulties  European  content  firms  encounter  in 
comparison  to  their  American  counterparts  as 
the  exploitation  of  public  sector 
far  as 
information  is concerned. 

for 

5.  Moreover,  in today's.economy and society  in 
which  the  Euro  fosters  the  integration  process, 
the fact  that  EU citizens  and  consumers  cannot 
make  better  use  of  public  information  available 
in  other  EU  Member  States  is  something  of  an 
anachronism.  In  effect,  this  situation  constitutes 
a challenge to the rights of citizens under the EC 
Treaties. 

1  The definition of the public sector  is an issue for discussion 
and is further analysed  in Chapter  III.  However,  state-owned 
companies operating under market  conditions  and subject to 
private  and  commercial considerations  are clearly  not meant 
to be covered by this Green  Paper. 

2 See summary of legislation in Annexe 1 
3  Since  the  Freedom  of  Information  Act  was  enacted  in 
1966, the US government has pursued a very active policy of 
both  access  to  and  commercial  exploitation  of  public  sector 
information.  This  has  greatly  stimulated  the  development  of 
the  US  information  industry. Annexe  3 gives  a picture  of the 
current  legal framework  in the US. 

9 .  The  subjects  addressed  in the  Green  Paper 
were  drawn  from  the  results  of  this  extensive 
consultation.  The  reactions  to  this  Green  Paper 
and  to  the  questions  it  poses  will  guide  future 
action  on  this  issue.  It  is  clear  that  further 
discussion and an exchange of  best  practice will 
be  necessary  with  the  Member  States  and  the 
other key actors. 

require 

issues  may 

10.  Some 
technical 
solutions;  some  may  be  dealt  with  by  improving 
administrative  procedures;  others  will  require 
political  solutions.  Depending  on  the  results  of 
the  public  consultation  process,  proposals  for 
action  could  be  formulated  by  the  Commission 
to  improve  the  situation  at  European  level  in 
specific  fields.  Such  proposals  will,  of  course, 
only  be  considered  where  consistent  with  the 
subsidiarity  and  proportionality  principles.  The 
type  and  intensity  of  any  response  must  be 
limited  to  what  is  necessary  to  achieve  the 
objectives of the Treaties. 

11.  Nothing  in  this  Green  Paper,  nor  in  any 
future  action  which  it  might  lead  to,  should  be 

4  e.g.  The  UK's  Freedom  of  Information  White  Paper,  the 
Dutch  memorandum 
of 
'Towards 
Government  Information' and the  French Action  Programme 
"Preparing  France's entry into the  Information  Society" 

the  Accessibility 

seen  as  an  attempt  to  prejudice  national  rules 
governing the system of property  ownership,  nor 
the  role  of  any  public  body  in  the  Member 
States. 

All  interested  parties,  both  from  the  public  and 
private  sectors,  are  strongly  encouraged 
to 
provide  their  views  on  the  issues  raised  in  this 
document.  The  Commission  would  be  pleased 
to  provide  additional  background  information  on 
existing Commission or national access to public 
information  policies  upon  request.  Answers, 
comments  and  requests  should  be  sent  to  the 
following address before 1s'June 1999 

European  Commission 
Attn. Mr.  Huber 
Head of Unit DGXIII/E-1 
Batiment  EUROFORUM 
Office  1174 
Rue Alcide de Gasperi 
L-2920  Luxembourg 
E-mail address:  pubinfo@cec.be 

Hard  copies  of  all  submissions  will  be  made 
available  at  the  conclusion  of  the  consultation, 
unless a request for confidentiality  is received. A 
Web  site  has  been  opened  for  the  posting  of 
both the Green  Paper and submissions  received 
at the address: 

http://www.echo.lu/legal/en/access.html 

.Chapter I:  Why'is public sector information a 
.key resourcejor  Europe?«r  '"• 

' .•'•-"';;>">..;.. 

17*1  Importance".iof  access 
citizens 

for  -"European 

[Takirfg advantage of EC Tig hts 

however, 

considerable 
that  can  prevent  people 

12.  The  EC  Treaty  has  conferred  a  number  of 
fundamental  freedoms  on  EU  citizens.  There 
are, 
practical 
from 
difficulties 
exercising  those  rights.  These  difficulties  result 
primarily 
lack  of  transparency  for 
citizens, employers and administrations  at all 
levels.^ 

from  a 

13. 
In  many  cases,  the  information  may  be 
spread  over  different  databases  or  information 
points  of 
local  administrations.  A  better 
transparency  of  public  sector  information  can 
therefore  strengthen  the  rights  conferred  by  the 
EC  Treaty  by  improving  the  practical  conditions 
for their application. 

languages 

14.  The  existence  of  different 
in 
Europe  will  continue  to  hamper  to  some  extent 
Ell-wide  access  to  public  sector  information. 
the  provision  of  a  multilingual 
However, 
in  particular 
information  could  be  facilitated 
through the use of ICT-technologies.6 

information 

15.  Access 
is 
to  public  sector 
essential  for  the  mobility  of  both  workers  and 
categories 
like  students  and  retired  people 
within 
the  EU.  A  better  knowledge  of 
opportunities,  circumstances  and  procedures  in 
countries  throughout  Europe  can  help  them  to 
make  more  informed choices  about  mobility  and 
to  take  full  advantage  of  the  right  to  move  to 
another EU country. 

16.  The following example shows that efforts are 
improve 
being  made  at  European 
information 
thus  enhancing  mobility 
perspectives  for  individual  workers  within  the 
European Union. 

flows, 

level 

to 

^  See  for  example  the  Single  Market  Scoreboard  of  May 
1998, p.14ff. 

'The 

language  engineering  activities 

" 
in  Framework 
Programme  IV  and  V  for  R&D  address  the  technological 
aspects  of  this  issue.  The  R&D-actions  are  complemented 
the  market  oriented  MLIS  programme:  multiannual 
by 
programme 
the 
Community 
Information  Society,  O.J.  N°  L306, 
28.11.1996, p. 40. 

to  promote 
in 

linguistic  diversity  of 

the 

the 

The European Commission has created, together with 
the  Member  States  the  EURES  Network,  with  the 
support  of  the  EU's  Interchange  of  Data  between 
Administrations  (IDA)  programme.  This  network 
aims to interconnect  job  vacancy  databases  in every 
European  country  to  a  common  European  network. 
This system  not  only  provides  job-seekers  with  job 
offers,  but  also  with  other  relevant  information  that 
they will need  to work  in another  EU country.  At  the 
same  time  it gives  employers  the  chance  to  seek  the 
Europe-wide. 
need 
they 
skills 
httpJ/europa. eu. int/jobs/eures/ 

17.  Access  to  public  sector  information  goes 
beyond  mobility  issues.  It also  has an  impact  on 
the  way  citizens  can  take  advantage  of  the 
internal  market.  Lack  of 
information  on 
administrative  procedures  or  on  prices,  quality 
and  safety  conditions  of  products  is  one  of  the 
barriers  that  prevent  consumers  from  buying 
goods and enjoying services  from other  Member 
States.  It  is,  for  example  very  difficult  to  obtain 
information  on 
right-hand  drive 
importing 
vehicles  (or  left-hand,  as  appropriate)  from  the 

British  Isles  to  the  Continent  or  vice-versa7 
Another  example  is  the  field  of  taxation,  where 
taxpayers find it enormously  difficult to obtain full 
information on international tax arrangements."^ 

18.  At 
the  Cardiff  European  Council,  a 
programme  was  launched  called  'Dialogue  with 
Citizens  and  Business'.  This  Community 
programme  is  a  follow-on  to  the  Citizens  First 
initiative.  It  addresses  citizens  and  business 
alike 
to  encourage  greater 
awareness  of  the  opportunities  offered  by  the 
Single  Market.  A  better  access  to  public  sector 
information 
this 
respect. 

in  an  effort 

is  extremely 

important 

in 

Participation 
process 

in-!the"  European-' integration 

19.  A  Citizens'  Europe  will  only  come  about  if 
citizens  are  to  participate  effectively 
in  the 
the  European  Union.  Such 
building  of 
participation  implies  that  they  are  well  informed 
on  issues  related  to  the  functioning  of  the  EU 
and  its  activities.  Access  to  information  at  both 
European and national level can greatly  facilitate 
this. 

'Listening  to  Citizens;  The  difficulties  that  people  face  in 

exercising their  rights within the Single European Market'. 
8'  Ibidem. This  report  contains  more  example  where  lack  of 
information  makes  life  difficult  for  European  citizens  that 
exercise their internal market rights. 

In  the  last elections  of the  European Parliament  the 
lack  of  information  on  new election  rights  of 
European 
influence: 
citizens  had  a  negative 
participation  of non-national  voters  in their Member 
State  of residence  was  relatively  low  and  only  one 
non-national  candidate  was  elected  in her  Member 
State of residence. 

20.  Indeed,  an adequate  access  to information 
of  and on the European  Union  can largely 
benefit  the European  integration  process. The 
conclusions  of the Cardiff  European  Council 
have 
therefore  once  more  stressed  the 
importance  of the  need  to bring  the European 
Union  closer to the  citizens  by making it more 
transparent  and  closer  to  everyday 
life 
through  the EU's  committment  to allowing the 
greatest  possible  access  to information  on  its 
activities.10  This  is a concern  for the  EU  and 
the  Member  States  together  since  a significant 
part  of the  information  related  to  the European 
Union  activities  is actually  held at national level. 
It  seems  thus  important  that  European  citizens 
have  a right  of access  not only  to documents 
held  by the Institutions,  but also  to EU-related 
information,  in the broadest  sense,  available in 
the Member States. 

their 

firmly  anchored 

21.  To enhance  the transparency  of EU-action 
for  European  citizens,  the  Treaty  of Amsterdam 
has 
right  to  access 
documents of the  European  Parliament,  Council 
and  Commission  in  the EC Treaty.11 The 
provisions  are  particularly 
in 
supporting  the  democratic  process  and in 
increasing  the understanding  of the European 
integration.  They  are an important  step,  given 
that  a  considerable  number  of the complaints 
lodged  to  the European  Ombudsman  deal  with 
transparency  and the access to information 

important 

22.  The  EU  institutions  pursue  an  active  policy 
in the field of dissemination of information on 
functioning  and  the  issues  within  its 
its 

9  See  the Second  report  of the  European  Commission on 
Citizenship of the Union, COM/97/230 final. 
10  Conclusions of Cardiff Council, 15/16 June  1998 
11 New article  191a of the EC Treaty  provides that: 
" 1.  Any  citizen of the  Union, and  any  natural or legal  person 
residing or having its registered office  ina Member State, 
shall  have  a right  of access  to European  Parliament, 
Council  and Commissiondocuments,  subject  to  the 
principles and the conditions to be defined  in accordance 
withparagraphs 2 and 3. 

interest  governing 

2.  General  principles  and limits  on grounds  of public or 
private 
right  of  access  to 
documents  shall  be determined  by the  Council, acting in 
accordance with the procedure  referred to in Article  189b 
within  two  years  of the  entry  into  force  of the  Treaty of 
Amsterdam. 

this 

responsibility. Annexe 2 gives an overview of the 
initiatives  in this  field.  The EUR-Lex  website is 
one example. 

EUR-Lex  displays, for example, free  of charge the 
Official  Journal  for  a  period  of forty-five  days 
following  publication,  the Treaties, the  legislation in 
force  and the case-law.  It is updated  daily  in 11 
languages  with  the latest  editions  of the  Official 
Journal.  These are available  on the Internet  a few 
hours after the paper  version is published. 

httpJ/europa. eu. int/eur-lex 

23.  In  spite  of  these  efforts  many  European 
citizens  would  like to have  more  information on 
the EU. There  is obviously a growing  interest for 
EU-issues that have an impact on citizens' lives. 

68% of the surveyed persons  need or would like more 
information on the European  Union. Europeans want 
to know in particular  more  on their rights as citizens 
of  the  Union  (49%),  on the Single  currency  (45%) 
and  on  employment  (42%), 
absolute priorities for  the European Union 

issues  that  are  all 

Source : Euro barometer n° 49,September 1998. 

Fig.1 :Desire to know more 
about the EU 

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Source : Eurobarometer 49, 1998 

3. Each institution referred to above shall elaborate in its own 
Rules  of Procedure  specific  provisions  regarding  access 
to its documents." 

Declaration  no. 17 attached  to the Maastricht  Treaty had 
already  prepared the field for this  development. 

24.  Another  aspect  of a Citizens'  Europe  is  a 
better  access  to information  on other  Member 
States. It will contribute to citizens' knowledge of 
other  European  countries,  which  in its turn can 

arouse  a  greater  interest  in  the  European 
integration  process.  To  this  end  public  sector 
bodies  in  the  different  Member  States  could 
make 
for  non-
information  with  an 
nationals more accessible to them. 

interest 

1.2 Public sector information: Opportunities 
for economic growth and employment 

Why  is  access  to  public  section:information 
important for businesses ?,!>  --«7J^ 

25.  Access  to  public  sector  information  in  the 
different  Member  States  is  a  necessity  to  take 
advantage  of the  existing  possibilities  for  all 
types  of  businesses  operating  in  more  than 
one Member State. 

26.  The  information  relevant  to  business  is  in 
the  first  place  of  an  administrative  nature.  At 
the  moment  it  is  still  hard  to  get  hold  of  a  full 
picture  of  the  rights,  duties  and  procedures  that 
allow a company to operate without  difficulties  in 
other European countries. 

58% of companies  think that it is likely that access to 
information  would  enable  them  to  expand  their 
activities  within  the  European  Union. For  instance, 
identified  their  need  for  precise 
66%  of  firms 
information about administrative procedures.  25% of 
companies  think  that  the persistence  of  obstacles  to 
trade and business activities could  be attributed  to a 
lack of information about EU rules. 

Source : Single Market Scoreboard, October 1998 

lack  of  administrative 

27.  The 
information 
particularly  harms  the  SMEs  that  do  not  have 
the  means  to  find  pieces  of  information  that  are 
often dispersed. 

a 

of 

also 

28.  But 
non-
information 
administrative  nature  can  be  extremely 
important  for  the  decisions  of  firms.  Statistical, 
financial  and  geographic  information  are  some 
examples. This  information  plays  a  key  role  for 
businesses  in all sectors of activity  in  particular 
when  defining  business  strategies,  marketing 
decisions, export or investment  plans. Quick and 
easy  access 
information  helps 
businesses to  make  informed choices. A  lack of 
information  may considerably  delay decisions on 
transborder operations. 

to  such 

relevant 

business 

information 
29.  The 
throughout  Europe  as 
the 
Chambers  of  Commerce  is  for  example  not 
readily  available.  An  initiative  at  European  level 
has  been  taken  to  improve  the  situation  in  this 
field (see the box below). 

collected  by 

EBRII  Project 

The  European  Business  Register  project  has  been 
established  because  the absence  of a fully  integrated 
information  service  on  European  Companies  is  a 
potential  threat  to  the  effective  operation  of  the 
Single European Market. 

Aim  of the project  is to ensure that basic  information 
on  all  companies  in  Europe  is  available  throughout 
differing 
Europe  without 
technologies, 
systems, 
networks etc 

to 
registration 

languages, 

barriers 

due 

The  EBR  that  is funded  under  the  EU's  Telematics 
Applications  Programme  (TAP)  has  become  fully 
operational  in  December  1998  and  now  allows 
electronic access to  business data  of  10 EU  Member 
States plus Norway.  HttpJ/www.ebr.org 

30.  Also  statistical 
information  on  European 
markets  and  economic  trends  is  in  many  cases 
not  timely  available.  This  problem  is  however 
rather 
the  collection  of  national 
(differing  national  methodologies, 
statistics 
deadlines  for  submission  to  Eurostat,  quality  of 
indicators,  decrease  burden  for  SMEs,  ...)  than 
to the issue of access per se. 

linked 

to 

31.  The  absence  of  accessible  public  sector 
information  may 
competitive 
create 
disadvantage  for  the  foreign  firms  compared 
with  local  firms  that  can  draw  upon  their  own 
experience  on  the  local  situation.  This  is,  for 
example  true  for' insurance  services  that  largely 
depend on specific local information on risks etc. 

a 

their  nature,  have  a 
International 

32.  It  also  has  a  negative  effect  on  companies 
transnational 
that,  by 
vocation. 
transport  companies 
offering  their  services  throughout  Europe  are  an 
example  of  this.  Accurate  local  information  -
geographic  information,  traffic  information  and 
information  on  the  weather  amongst  others-  , is 
important for their daily operations. 

relevant 

33.  Both  administrative  and  non-administrative 
for  public 
information  are  also 
procurement12.  Transparency  of  Government 
action  in  this  field  is  a  prerequisite  to  the 
achievement of a real internal market. Access to 
information  on the  local situation  is necessary  to 
make  the  rules  work  efficiently  and  to  optimise 
fair  chances  for  all  firms  involved.  Since  the 
information  at  stake  is  not  always  transparent, 
public  procurement  is  often  in  practice  still  a 
national affair  notwithstanding  EU legislation. 

34.  Another  example  where  the  absence  of 
to 
transparency  of 

information 

leads 

the 

12  The  Special  sectorial  report  on  public  procurement, 
November  1997,  illustrates  the  importance  of  access  to 
information  for  this  issue.  See  the  report  on  European 
Commission,  DG  XV  web 
address 
at 
http://europa.eu.int/comm/dg15/en/publproc/ 

site 

the 

negative  results  at  European  level,  is  patent 
information.  The  European  Patent  Office 
estimates  that  every  year  more  than  18  billion 
Euro  is  spent  on  research  that  has  been  done 
before.  Better  accessibility  of  information  on  the 
state  of the  art  of  research, could  decrease  this 
amount. 

Esp@cenet 

Together  with  the  Member  States  of  the  European 
Patent  Organisation  and  the  European  Commission, 
the  European  Patent  Office  has  launched  a  new 
service called esp@cenet,  which is accessible via the 
Internet.  The  main  aim  of  this  new  service  is  to 
provide  users with a readily accessible  source,offree 
patent 
(over  30  million  patent 
documents).  It  also  aims  to  improve  awareness  at 
national, and  international  level,  in particular  among 
small  and  medium-sized  enterprises,  of  the  kind  of 
information 
accessible. 
http://www. european-patent-office. org/ 

information 

publicly 

that 

is 

that  access 

to  public 
35.  The  conclusion 
sector  data  is  highly  relevant  for  businesses 
throughout  Europe  is  backed  by  the  recent 
Report  'Managing  Change'  of  the  High  level 
Group  on  economic  and  social  implications  of 
industrial change.13  It indicates as an  immediate 
priority  to  'enhance  competitiveness  by  fully 
opening 
in 
telecommunications  and  data  services,  and  to 
increase  freedom  of  access  to  government  and 
other state owned data'. 

European 

market 

the 

Public", sector . information:  A  potential  to 
further explore and exploit 

36.  The  public  sector,  by  nature  of  its  size  and 
scope  of  activities,  represents 
the  biggest 
single  information  content  resource  for  the 
creation  of value-added  information  content  and 
services.  Studies  have  shown  that  the  bulk  of 
commercial 
the  EU 
information  services 
information  market  consists  of  services  in  areas 
where  the  public  sector  holds  very  important 
resources. 

in 

37.  Figure  2  clearly  shows  that  public  sector 
information  is  a  key  resource  for  a  very  large 
rJart  of  information  services  being  either  the 
core  subject  (government/political  information, 
legal  information)  or  an  essential  raw  material 
(company  profile,  patent  information,  scientific, 
technical and medical -STM- information, etc.). 

implications  of 

13  'Managing  change',  High  level  group  on  economic  and 
social 
industrial  change,  Final  Report, 
November  1998.  The  Special  European  Council  of 
Luxembourg  (21-22  November  1997)  invited  this  Group  to 
analyse  industrial  changes  in the  EU and to  look  at ways  of 
anticipating  and  dealing  with  change  and  its  economic  and 
social effects. 

Fig.2 : Revenues of electronic information services 
in the European Economic Area by subject area 
Travel, 
tourism 

Legal 
information. 
4% 

Patent 
information 
1% 

STM 
6% 

Further 
business 
8% 

Gvt./political 
information 
15% 

Finance 
34% 

Company 
profiles 
24% 

Source : MS Study of the markets for electronic 
information services in the EEA, 1994 
(Total revenues in 1994 : 5517 MECU) 

38.  Public  sector 
is  therefore  a 
information 
prime  information  content,  essential  to  the 
information 
for 
electronic commerce applications^. 

industry  and  a  key  enabler 

39.  The  information  content  industry  is  growing 
at  an  impressive  rate  and  some  four  million 
people  are  employed  in  the  content  sector  in 
Europe^.  Much  of  this  growth  will  be  within 
SMEs  trying  to  exploit  the  potential  to  manage 
and  add-value  to  information.  The  emergence 
and  development  of 
these  highly  dynamic 
companies  need  to  be fostered  in  particular,  as 
they are essential for the creation of new jobs 
in the 21st  century. 

industry 
information 
in  a  global  market.  During 

is 
40.  The  European 
the 
competing 
preparatory  process  that  has  led  to  this  Green 
Paper, 
industry 
representatives  have  strongly  and  repeatedly 
expressed their concerns  about the  competitive 
disadvantage  of  European  publishers  vis-a-vis 
their counterparts. 

information 

European 

41.  Better  possibilities  for  the  exploitation  of 
information  could  partly 
public  sector 
redress  this  situation  and  would  lead  to  new 
opportunities  for  job  creation.  In  the  US  the 
favourable  conditions  for this type of  exploitation 
has already boosted the information industries. 

the  content 

14  For a further analysis on recent trends and critical roles of 
content  and 
the  network 
economy, see CONDRINET Study (CONtent  and  Commerce 
DRIven  Strategies  in  Global  NETworks),  October  1998, 
commissioned  by the  European  Commission  and  conducted 
by Gemini Consulting, at http.//www2.echo.lu/condrinet/ 

industry  within 

'*  European  Information  Technology  Observatory,  1998, 
Content  data  include  media,  publishing,  marketing  and 
advertising sectors. 

42.  There  are  hardly  any  rules  in  Europe  on 
conditions  for  exploitation  of  public  sector 
information  by  the  private  sector.  Guidelines 
for  the  synergy  of  Public  and  Private  Sectors  in 
the  Information  Market  were  published  by  the 
Commission  in  1989.  Similar  guidelines  were 
produced  by  the  UK  Department  of  Trade  and 
Industry 
in  1985.  In  1994,  a  French  Prime 
Minister's  circular  was  published  and  a 
Memorandum  of  Understanding  was  adopted by 
the Dutch government  in 1997. 

public  information  the  safeguarding  of  access 
for all citizens may become  more difficult. At the 
same  time,  if the  public  sector  adds  value  to  its 
own 
commercial 
information  products  onto  a  hitherto  private 
fair 
the 
information  market, 
competition  may be raised. 

information, 

launching 

issue 

of 

46.  These  issues  and  possible  obstacles  at 
European  level  to  the  exploitation  of  public 
sector  information  will  be  addressed  in  chapter 

43.  Although  these  are good  initiatives,  there  is 
no  clear  and  consistent  set  of  principles 
throughout  Europe.  This 
lack  of  clear  and 
consistent  principles  means  that  European 
industry 
competitive 
disadvantage  vis  a  vis  its  US  competitors.  In 
some  cases  this  has  lead  to  leading  European 
companies  investing  in  products  based  on  US 
public sector information. 

finds 

itself 

in 

a 

The  British/Dutch  Reed  Elsevier  pic  group,  has 
acquired  the  US  based  LEXIS-NEXIS  company,  a 
leading provider  of  online  information  services  and 
management  tools for  a variety  of professionals  (1.4 
billion documents  in more than  8,692  databases, 1.5 
million  subscribers,  1200  employees  world  wide). 
legal 
They  are  amongst  others  specialised 
information. 

in 

44.  Pilot projects within the European  INFO2000 
programme16  have  shown  that  private  partners 
are  interested  in  cross-border  collaboration 
with  public  sector  bodies  to  exploit  public 
sector  information  and  that  there  is  a  real 
potential to be further  explored  and exploited 
at European level. 

The EU potential  as shown by INFO 2000 call for 
proposals 

in 

for 

the  framework  of 

the  European  Commission 

the  INFO2000 
In  1998, 
invited 
programme, 
proposals 
shared-cost  pilot,  or  exploratory 
projects.  The  objective  of  the  Call  was  to  make  the 
information resources  held by the public  sector more 
readily  available  for  exploitation 
in  European 
multimedia content services 

A total of  141 proposals  was received  by the closing 
date.  The  total  cost  of  work proposed  amounted  to 
109.7  MECU,  and 
total  EU  contribution 
requested came to 50.6 MECU. The over subscription 
of the Call was, therefore, in the order of  7, given the 
indicative budget resource of  7 MECU. 

the 

45.  In  some  cases,  the  commercial  reuse  of 
public  sector  information  may  however  raise 
questions  as to the  boundaries  and  limitations 
on  the  roles  of  the  different  actors.  Once 
private  sector  interests  enter  the  market  for 

16  INFO2000 programme  (Council decision of 20 May  1996, 
O.J. N° L 129, 30.5.1996, p. 24) 

Khapter.ll-:Th6;lnformation Society, and thc'U:. 
• .• 
public sector 

••;;•. •'•*•• 

•  .  • 

47.  The  discussion  on  public  sector  information 
should  be  seen  in  the  context  of  the  emerging 
Information  Society.  The  new  Information  and 
quickly 
Communication  Technologies 
changing the ways  public  sector  bodies operate. 
which  makes a timely  debate  on  public  sector 
information all the more important. 

are 

48.  The  emerging  Information  Society,  largely 
driven  by  an  ever  increasing  and  pervasive  use 
of  information  and  communication  technologies 
is  more  and  more  affecting  the  public  sector. 
Administrations  follow the example of the  private 
sector  and  benefit  from  the  enormous  potential 
of these technologies  to  improve their  efficiency. 
This  development  is  often  labelled  'Electronic 
Government'  and  covers  both  the  internal  and 
external 
and 
Communication  Technologies  (ICT)  in the  public 
sector. 

Information 

application 

of 

importance  of 

this  development 

49.  The 
is 
increasingly  acknowledged  in  many  countries 
around  the  world.  In  Europe  experiments  are 
being  conducted  at  all  levels  of  government  -
local,  regional,  national  and  European  -  to 
improve 
functioning  of  public  services 
concerned  and  to  extend  their  interaction  with 
the outside world. 

the 

public 

between 

administration 

the  use  of 

50.  Indeed, 
Information  and 
Communication  Technologies  does  not  only 
internal 
smoothen 
operations,  but  also  strongly  supports 
the 
communication 
different 
administrations  as  well  as  the  interaction  with 
citizens  and  businesses.  This  is  one  of  the  key 
elements  of  'Electronic  Government':  it  brings 
public  sector  bodies  closer 
to  citizens  and 
businesses  and  leads  to  better  public  sector 
services. At  EU  level  programs  like  IDA  and  the 
actions within Framework  Programme V for R&D 
addressing  Administrations 
the 
progress in this field. 

enhance 

can 
government 
51.  Electronic 
generally  be distinguished according to the three 
main functions they serve. 

services 

Information  services  to  retrieve  sorted  and 
classified  information  on  demand  (e.g.  WWW 
sites). 

Communication  services 
interact  with 
individuals  (private  or  corporate)  or  groups  of 
people (e.g. via e-mail or discussion fora). 

to 

Transaction  services  to 
services  on 
to 
government forms, voting). 

line  or 

acquire  products  or 
(e.g. 
submit  data 

Table  1 gives  an  overview  of  possible  services 
and their application areas. 

Table 1 

A typology of Electronic Government services 

Everyday  life 

Information services 

Communication services  Transaction  services 

Information on work, 
housing, education, health, 
culture, transport, 
environment, etc. 

Discussion for a dedicated 
to questions of everyday 
life; 

Jobs or housing bulletin 
boards 

e.g. ticket reservation, 
course  registration 

Tele-administration 

Public service directory 

Political  participation 

Guide to administrative 
procedures 

Public registers and 
databases 

Laws, parliamentary 
papers, political 
programmes, consultation 
documents 

Background information in 
decision making processes 

e-mail contact with public 
servants 

electronic submission of 
forms 

Discussion for a dedicated 
to political issues 

referenda 

elections 

e-mail contact with 
politicians 

opinion polls petitions 

Source: Institute of Technology Assessment,  Austrian Academy of Sciences and Centre for Social, Background  Paper to "the 
Information Society, Bringing Administration  Closer to the Citizens Conference", November  1998 (organised by the Centre for Social 
Innovation on behalf of the Information Society ForumAWori< Group 5/Public  Administration). 

regarded  by 

52.  Transaction  services  are  generally  seen  as 
the future  of  electronic  government,  since  forms 
have  a  key  role  in  all  administrative  processes. 
In  a  recent  German  Delphi  study,  transaction 
services  were 
the  experts 
interviewed  to  become  reality  in  the  next  ten 
years.  It  is  estimated  that  in  the  US  already  40 
percent  of  all  forms  of  the  public  administration 
are  available  electronically.  This  way  of  dealing 
lower  the 
with  government  can  considerably 
and 
administrative 
businesses alike. 

citizens 

burden 

for 

the 

and 

under 

The  TESS  (Telematics for  Social  Security)  project, 
IDA  programme,  aims  at 
funded 
simplifying 
administrative 
accelerating 
procedures  in order to ensure citizen's access to their 
rightful  social  security  benefits.  The  objective  is  to 
replace  paper  forms  for  information  provision  by 
electronic  exchange.  The  two  major  areas  currently 
addressed  by  TESS are  old  age pensions  (to  ensure 
that  migrant  workers get  the pensions  due  to  them) 
and to facilitate  reimbursement of sickness benefits in 
kind  (in case  the  Member  State  where  the  benefit  in 
kind  was  advanced  is  different  to  that  where  the 
person  is insured). 

53.  Reengineering  public  services  may  require 
substantial  investments  by  government  bodies 
at  all  levels  as  well  as  a  change  in  culture. 
However  the  results  are  worth  it.  'Electronic 
government' 
that 
to  a  public  service 
performs better and is closer to the citizens. 

leads 

from 

to  benefit 

54.  The  EU  is  itself  involved  in  considerable 
reengineering  efforts 
the 
possibilities  offered  by  'electronic  government'. 
Transactions  with and  information  to citizens will 
have  an  ever  increasing  'electronic'  character. 
One  example:  before  long  the  Commission  will 
be  able  to  handle  electronic  project  proposals 
for 
within 
Research  and  Development.  Legal  barriers  at 
EU  level  have  to  be  solved  to  turn  these 
transactions  into reality. 

the  Fifth  Framework  Programme 

applying 

55.  One aspect of Electronic Government that is 
often  forgotten  is  its  potential  impact  on  the 
information  market.  By 
new 
technologies  and  innovative  concepts,  public 
authorities  at  all  levels  of  government  can  have 
a  role  as  a driver  of  the  Information  Society. 
The  Report  on 
the 
Information  Society17  presented  to  the  Vienna 
European  Council  of  December  1998  has  once 
more  stressed  this  role  of  governments.  Their 
example  as  a 
leading  edge  customer  will 
convince  citizens  and  businesses  to  adopt  new 
technologies  themselves  and will  invite the  ICT-
industries to explore new pathways. 

job  opportunities 

in 

*'  "Job  opportunities  in  the  Information  Society:  Exploiting 
the  potential  of the  information  revolution"  COM  (1998)  590 
final. 

new 

increase 

use  of 

technologies 

the  efficiency  of 

can 
56.  The 
considerably 
the 
collection  of information. It gives public  bodies 
information 
the  possibility  to  share  available 
when  this  is  in  conformity  with  data  protection 
rules,  rather  than  duplicating  its  collection  from 
citizens  and  businesses.  This  can  notably 
reduce  the  administrative  burden  on  citizens 
and business, and in particular SMEs. 

57.  At  the  same  time,  sharing  information  leads 
to  better 
informed  public  bodies,  that  have 
access  to  all  data  relevant  for  their  functioning. 
In the  EU context,  more and more  information  is 
exchanged  between  Member  States  in  areas 
like  customs,  agriculture,  environment,  health, 
statistics, etc. 

information.  The 

58.  The  'electronic  revolution'  also  has  a  major 
impact on the  accessibility  and  dissemination 
of 
Internet  has  a  huge 
potential  as  a  platform  where  citizens  and 
business 
sector 
information.  All  Member  States  in  the  EU  are 
taking advantage of this potential. 

find  public 

can  easily 

59.  As  part  of  their  dissemination  policies,  the 
EU-institutions  increasingly  use  the  possibilities 
offered  by the Internet. They  maintain a family of 
web  sites  offering  a  large  amount  of  information 
on the EU and its activities. 

60.  More  and  more  people  find  their  way  to 
these web sites, which  is shown  by the  following 
example:  In  September  1998  almost  7  million of 
consulted 
Commission 
electronically,  more  than  double  the  number  of 
consultations of September  1997. 

documents  were 

61.  The  new  technologies  will  also  allow  the 
provision  of  information  and  services  in  a  more 
integrated  form.  Such  integration  is  especially 
desirable  where  a  specific  information  need 
necessitates  contacts  with  a  number  of  different 
administrative  bodies. This  objective  goes  under 
the  name  of  "one  stop  service"  or  "one  stop 
shopping".  The  europa.eu.int  website  forms  a 
single  access  point  for  information  on  all  EU 
institutions. 

62.  The  digitisation  of  public  sector  information 
facilitates  not only access, but also  possibilities 
for 
to 
its  exploitation.  A  better  access 
information together with its digital format  makes 
it easier  to  combine  data  from different  sources. 
This will allow for the creation of new  information 
products  that  have  public  sector  information  as 
their raw material. 

digitisation 

process  makes 

the 
63.  The 
that  exist  between  public  sector 
differences 
bodies 
in  terms  of  access  and 
exploitation  of  public  sector  information  more 
visible  and  more  relevant.  These  differences 

in  Europe 

EUN-  The European Schoolnet 

information  network 

The  aim  of  the  project,  funded  by  the  Task  Force 
"Educational  Multimedia"  and  coordinated  by  the 
SOCRA TES programme,  is  to  establish  a  European 
school 
the  European 
Schoolnet  — as  a  multimedia  and  communication 
platform  at the services to schools in Europe and as a 
framework  for  collaboration  at  a  European  level 
among  national  educational  authorities,  universities 
and  industry  to  develop  ICT  in  schools  as  regards 
content, pedagogical  approaches and technology. 

- 

http://www. eun. org/ 

68.  Improved  skills will  in the  long  run-also  lead 
to  a  better  use  of  public  sector  information. 
More  informed,  computer-literate  citizens  and 
businesses  will  ask 
for  more  and  better 
information  and  will  act  as  an  incentive  for  the 
information 
public  sector 
to  provide  better 
services  and  for  the  information 
to 
industry 
create  more  value-added  information  products 
and services. 

create barriers to the full use of the opportunities 
offered  by  the  new  technologies  and  make  a 
debate on  public  sector  information  at  European 
level all the more necessary. 

IH13;Electronic access for  a l l ?j 

to 

64.  Our societies are moving towards a situation 
where  everyone  has  access 
the  new 
electronic  tools.  The  penetration  of  Internet  is 
happening  at  a  much  faster  pace  than  the 
penetration  of  other  information  tools  like  the 
this  century. 
television  earlier 
telephone  or 
Nevertheless 
time  until  a 
it  will 
generalised access  is realised. 

take 

to 

of 

65.  Dissemination  of  public  sector  information 
on the  Internet does  not automatically  imply  that 
all  citizens  have  an  equal  access 
it. 
Substantial  differences  exist  in  access  to  the 
Society 
tools 
(computers/modems  etc.)  and  the  ability  to  use 
the  Report  on 
them. 
job 
Information  Society18 
opportunities 
stresses  that  the  access  to  such  tools  and  the 
skills  to  use  them  are  prerequisites  for  job 
creation and need to be prioritised. 

this  context 

Information 

the 

the 

In 

in 

infrastructures 

in 
for  all 

to  the  need  of 
66.  This  observation  points 
that  provide 
investing 
access 
the  electronic  networks. 
Libraries  seem  to  be  particularly  fit  to  fulfil  this 
public  role, but other  possibilities  should also  be 
explored. 

to 

Infocid 

the  public 

In  Portugal  a  network  of  'Cyber-kiosks'  has  been 
installed  throughout  the  country  to  give  citizens 
access to the Internet and in particular  to information 
integrated 
on 
multimedia 
to 
government  information on a  wide  range  of subjects 
like  employment  and  training,  education,  the  Law 
and Courts, housing etc. 

system,  gives  access 

sector.  The  global, 

Infocid 

httpJIwww. infocid.pt/ 

in 

investment 

Information 

67.  In addition this point stresses the importance 
of 
and 
Communication  Technology-skills.  Lacking 
investment  may  lead  to  a  society  fundamentally 
split  between  people  that  can  and  people  that 
cannot  use  the  new  information  tools.  Several 
projects  at  European  level  already  address  this 
problem, tackling it at the base. 

1**  "Job  opportunities  in  the  Information  Society:  Exploiting 
the  potential  of  the  information  revolution"  COM  (1998)  590 
final. 

10 

Chapter III:  Issues linked to access and 
exploitation of public sector  information 

the  commercial  exploitation  of 

69.  The  access  to  public  sector  information  as 
well  as 
this 
information  entail  a  whole  range  of  issues  that 
need  careful  consideration.  They  vary  from  the 
definition  of  public  sector  information  to  issues 
related to privacy and liability. 

70.  The  questions  that  follow  each  section  are 
for guidance only.  Readers are invited to take an 
open  and  innovative  approach,  considering  all 
areas  discussed  here  and  other  issues  which 
they consider to be of relevance. 

111.1 Definitions 

Public sector  information 

71.  A  definition  of  public  sector  information  is 
important  because  it  will  help  to  determine  the 
scope  of  the  replies  to  this  Green  Paper  and  a 
possible follow-up. 

72.  The  definition  of  public  sector  varies  from 
one  Member  State  to  another.  In  the  laws  and 
discussions  on  access 
sector 
information  three  possible approaches  appear to 
emerge: 

to  public 

•  The  functional  approach,  in  which  the 
public  sector  includes  those  bodies  with 
state authority or public service tasks19. 

•  The  legalist/institutional  approach:  only 
the 
law(s)  .  have  a  public  sector 

that  are  explicitly 

listed 

in 

bodies 
relevant 
character. 

•  The financial approach, whereby  the public 
sector includes all bodies mainly financed by 
public  funds  (i.e.  not  operating  under  the 
normal rules of the market). 

Whatever  methodological  approach  will  be 
chosen,  the  information  of  public  bodies  at 
different  levels  of  government,  central,  regional 
and local, shall be taken into consideration. 

In  all  cases,  state  owned  companies  operating 
under  market  conditions  and  subject  to  private 

in  a  judicial  or 

^  Directive  90/313/EEC  on  the  freedom  of  access  to 
information  excludes  from  the  definition  of 
environment 
public  sector,  bodies  acting 
legislative 
capacity.  It  provides  that  national,  regional  or  local  public 
authorities  having  responsibilities  and  holding  information 
relating  to  the  environment  should  place  this  information  at 
the  disposal  of  any  natural  or  legal  person  requesting  it, 
regardless  of whether that person  has a legal interest. As  its 
purpose  is  to  promote  the  protection  of  the  environment, 
commercial  issues  are  not  addressed. Specific  provisions  of 
this  Directive  are  referred  to  in  appropriate  sections  of 
Chapter  II. Any  actions  resulting  from  this  Green  Paper  will 
not  prejudice  access 
the 
environment  as  provided  for  by  this  Directive,  which  will 
possibly  be  reviewed  in  1999,  nor  the  relevant  "acquis 
communautaire". 

information  concerning 

to 

and  commercial  laws  are  not  meant  to  be 
covered by either of these definitions. 
MB®fSGiM,ii§!?iM^'r,format'on 
73.  Public  sector  information  may  be  classified 
along different  lines. A first possible distinction is 
the  one  between  administrative  and  non-
administrative  information.  The  first  category 
relates  to  the  function  of  Government  and  the 
administration  itself  and  the  second  category  to 
information on the outside world that is gathered 
during the execution of  public tasks  (Geographic 
Information, information  on  businesses,  on  R&D 
etc.). 

74.  Within  administrative  information  a  further 
distinction  can  be  made  between  information 
that  is  fundamental  for  the  functioning  of 
democracy 
cases, 
Parliamentary  information)  and  information  that 
does not have such a fundamental  character. 

laws, 

court 

(like 

information 

75.  Another  possible  distinction  draws  a  line 
between 
is  relevant  for  a 
that 
general  public  (like  Parliamentary  information) 
or for  a very  limited set  of  persons that  have a 
direct interest. 

76.  From  a  market  perspective,  information  can 
be divided  according  to  its  (potential)  economic 
value. 
both 
be 
that 
administrative 
non-administrative 
information  can  have  a  considerable  market 
value. 

should 

noted 

and 

It 

77.  The above  mentioned  distinctions  may  have 
consequences  for  the way  the  different  types  of 
information  are 
treated:  They  can  have  a 
considerable  bearing  on  issues  like  pricing  and 
copyright  and  touch  upon  delicate  issues  like 
data protection. 

Question 1 : 

Which  definition  of  public  sector  i 
appropriate in your view? 

s  the  most 

What  categories 
should be used in 

of  public  sector 
the debate? 

information 

III.2  Conditions  for  access  to  public  sector 
;. 
information 

78.  The  existence  of  an  access  right  does  not 
mean  automatically  unlimited  and  unconditional 
In  this 
access  to  public  sector 
regard  different  Member  States  and  the  EU 
apply different rules and have different  practices. 

information. 

79.  The  different  conditions  for  access  raise  a 
number  of  questions  that  are  relevant  for  both 
citizens  and 
the  competitiveness  of 
businesses. Views  related to  both  perspectives 
are welcome. 

for 

11 

Existence of an interest 

Time 

80.  The  large  majority  of  national  laws  do  not 
require  a  person  or  company  need  to  have  a 
particular  interest  as  a  condition  for  access  to 
public  sector  information.  However,  since  this 
may  be  the  case  in  certain  circumstances,  the 
issue merits discussion. 

Exemptions to the right of access 

81.  All  national  regulatory  frameworks  provide 
for  exemptions  to  the  right  of  access.  Such 
exemptions  may  roughly  be distinguished  in four 
categories: 

•  exemptions  in  the  interest  of  the  state  for 
example  relating  to  national  security,  public 
order, economic interests, international relations, 
legislative  procedures,  etc.  ; these  are  mostly  of 
exclusive Member State competence. 

•  exemptions  in  the  interest  of  third  parties,  for 
example relating to  privacy,  intellectual  property, 
commercial secrets, judicial procedures,  etc. 

•  exemptions  to  protect  the  decision  making 
process,  for  example,  preliminary  or  'internal 
use' of information etc. 

•  exemptions  to  avoid  unreasonable  costs  or 
workload  in  the  administrations  concerned,  for 
example 
information  already  published  or 
excessive requests. 

Directive  90/313/EEC  provides  a  list  of  possible 
exemptions  which  cover  all  of  the  above  areas 
of concern.20 

82.  Exemptions  and  their  interpretation  differ  to 
some  extent  between  Member  States.  Some 
commentators  consider  that  this  may  interfere 
with  the  ability  of  companies  and  citizens  to 
access  the  information  which  they  need  on  a 
pan-European basis. 

Time, quantity, format 

format  of 

83.  The  emergence  of  new  technologies  and 
faster  networks  makes  issues  of  time,  quantity 
If 
information 
and 
information  is available  over  electronic  networks 
instantaneously,  citizens  can  download  what 
they need and when and where they  need it. 

less  relevant. 

to 

laws  vary  as 

the 
85.  National  access 
deadlines  set for the  public  sector  to  respond  to 
an  access  request.  The  French  law  gives  a  2 
month  deadline,  while 
law 
stipulates  a  "prompt  response".  In  some  cases, 
there  is  no  reference  to  time  limits.  Directive 
90/313/EEC gives a two month time limit. 

the  Swedish 

Quantity and Format 

86.  The  question  of  whether  there  should  be 
limits  to  the  quantity  of  information  requested  is 
more  complex. 
In  principle,  some  quantity 
limitations  may  be  imposed  if  information  in 
manual  format  requires  an  excessive  effort  to 
assemble.  The  need  to  ensure  low  cost  access 
for  citizens  to  information  needs  to  be  balanced 
against the  need to avoid  excessive  burdens  on 
the public services. In cases where  public  sector 
information  is  available  and  can  be  accessed  in 
electronic  format,  quantity  limitations  are  more 
difficult to justify. 

87.  In  the  execution  of  its  primary  tasks,  the 
public  sector  produces  a  vast  amount  of  raw 
data. The format of this  public sector  information 
may often be unattractive  and difficult  to access. 
Having  taken  this  issue  into  account,  many 
public sector bodies are engaged in tailoring  raw 
data to customer needs. 

88.  This  also  draws  the  attention  to  another 
interesting  issue:  the  right  of  citizens  to  have 
access to the  raw data  and data  at  intermediate 
levels  and  not  just  to  the  data  in  their  final, 
elaborated form. 

Question 2 : 

Do  different  conditions  for  access  to  public 
sector  information  in  the  Member  States  create 
barriers at European level? 

If so, what elements  are concerned:  requirement 
of  an 
format, 
quantity? 

interest,  exemptions, 

time, 

What solutions can be envisaged? 

84.  However,  as not all public sector  information 
will  be  available  in  electronic  format  in  the 
foreseeable  future,  the  question  remains  of  how 
quickly  the  public  authorities  should  react  to 
requests and how  much  information  they  should 
provide. These  issues  are  related  to'the  need to 
avoid  unreasonable  requests  and  excessive 
workload. 

89.  Citizens  and  businesses  alike  can  be  seen 
as  the  'clients'  of  the  information  services  that 
are offered  by the  public  sector.  The  concept  of 
client  implies  that  the  needs  of  citizens  and 
businesses  are  being  taken  into  account  when 
the  services  are  conceived  and 
that  user-
friendly search mechanisms are put in place. 

90.  The  data  sets  available  in  the  public  sector 
are numerous. 

20  See footnote 19, p 11 

12 

A  recent  estimate  of  the  number  of public  databases 
in  the  Netherlands  alone  came  up  with  a figure  of 
some 36.000  21 

To  help  the  'information  clients'  in  finding  their 
way  in this  mass of  data  it may  be necessary  to 
establish  meta-data  and  directories.  This  leads 
to the following question: 

Question 3 : 

Could  the establishment  of  European  meta-data 
(information  on  the  information  that  is  available) 
help  the  European  citizens  and  businesses  in 
finding  their way  in the  public  sector  information 
throughout  Europe? 

If so, how could this best be realised? 

What  categories  of  content  should  directories  of 
public sector information resources contain? 

91.  Pricing  as  well  as  pricing  models  vary 
enormously  in  different  Member  States  and  in 
the  same 
different  public  sector  bodies  of 

Fig.3 : Unit Price for information on business in 
different  countries 

(Source  : Dun  & Bradstreet  Europe,  1998 

UK 

S 

F 

' - - ' 'I 
• 

• 

1 

1 

1 

D 

~„..-.v 

1 

| 

A 

Dk 

P 

I 

NL 

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. 
1 

- ,,  | 

. 

•"•"-"' 

«*i#&.SlS«W W*  H & ^ W6! * *^ > W #^ 

| 

^k, ^  v  C-W 

<  *  pm *, *j 

- / **  >W  (••• , 1 

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™ 
0 

Vs*&sf<*»!.w/"v$^?*$p1&$$-'*  ..-->-»-»  ^  <  >  < 

.*.-«*** »<- ,  «$Wim#tf-. **-m&»x8m>~h\ 

1 
2 

1 
4 

i 
6 

8  EURO  1 

Pricing  Models 

The  1994  French  circular  distinguishes  between 
information  collection  and  production  costs  (which 
are  not  charged  for)  and  other  costs,  such  as 
printing,  updating,  data  retrieval  and  transmission 
it 
(which  can  be  charged 
distinguishes  between  types  of  information  and  types 
of use. 

for).  Furthermore 

tradable 

The  UK  guidelines  1985  DTI  guidelines  favour  a 
market  approach:  "Where  an  established  market 
exists  for  Government-held 
information 
provided  by 
them  already,  Departments  should 
charge  a  reasonable  market  price.  In  the  case  of 
tradable  information  which  has  not previously  been 
exploited,  contracts  may  initially  be  on  the  basis  of 
charging  only  for  costs  incurred  over  and  above 
those  that  would  be  incurred  normally  in  handling 
the data or information for  their own purpose". 

1989  European  Commission 

The 
Synergy 
Guidelines  favour  a  distribution  cost  approach: 
"Pricing policies  may  vary  depending  on  the  nature 
of  the  information;  A  price  should  be  established 
which reflects the costs of preparing  and passing  it to 
the  private  sector,  but  which  does  not  necessarily 
include  the full  cost  of  routine  administration.  The 
price  may  be  reduced  if  provision  of  the  resulting 
information service  is deemed  to  be necessary  in the 
public interest". 

The  US  law allows  charging for  search,  duplication 
and  review  costs  but  not for  the  value  added  by  the 
public  sector  to  the  raw  data.  The  US public  sector 
should  see  the  adding  of  value  only  as  a  tool  to 
increase  efficiency, not as a means for  profit  making. 

92.  In  the  long  run,  the  current  trend  to  make 
public  sector  information  increasingly  available 
free  of  charge  on  the  Internet  may  have  an 
effect of prices and pricing models. 

93.  Studies  and  discussions  have  shown  that 
the  dual  purpose  of  a  public  sector  information 
policy  -  access  and  exploitation  -  calls  for  a 
pricing  policy  that  should  take  into  account  a 
number of interests: 

• 

• 

affordable access for all 

exploitation  potential 

I Registered data 

0  Financial Statements 

fair  competition 
paragraph) 

(treated 

in 

the  next 

Member-State.  As  an  example,  figure  3  shows 
the  wide  range  of  prices  Dun&Bradstreet,  a 
business  information  provider,  must  pay  when 
accessing  companies 
registered  data  and 
financial statements throughout Europe. 

21  BDO  Consultants,  Electronische  bestanden  van  het 
bestuur,  1998 

13 

Figure 4: People interested in consulting from home, via a 
computer, local town or council services in order to get 
documents 

Source:  Eurobarometer 47 

An  American  software  firm  is  about  to  release  a 
business mapping  software product  allowing  users to 
find  and  illustrate points  on  the  map,  integrate maps 
in  their  documents  and  identify  the  trends  of  their 
business on  the  map.  The objective  is to  make  it easy 
for  business  users in  organizations  of any size  to  use 
maps  to  make  better-informed  business  decisions. 
Over  15  million  addressed  street-level  segments  are 
included  for  all  US  and  worldwide  country-level 
boundaries.  The estimated  retail price  of  the product 
is $109. 

As  an  element  of  comparison,  a  German  mapinfo 
company  is  offering  geodata  for  one  German  state 
unit only for  a total of 9.728 DM + VAT 16%. 

A  UK  based  environmental  pressure  group  has 
complained  after  the  Ordnance  Survey,  Britain's 
the 
national  mapping  agency, 
organisation more than £365.000 for  digital  mapping 
base-data of the country. 

to  charge 

tried 

Question 14:, 

What  impact do different  pricing  policies  have on 
the  access  to  and  exploitation  of  public  sector 
information? 

Does  this  create  differences  in  opportunities  for 
citizens and businesses at European  level? 

in  the 

is  produced  at 

first  place 
94.  Pricing  conditions  are 
important  in  the  discussion  on  access.  Public 
information 
the  expense  of 
taxpayers.  The  question  may therefore  be  raised 
whether  public  organisations  have  a  right  to 
charge for the  provision  of information. It  may  be 
argued, however, that it is usually  a small section 
of  the  public  who  wish  to  use  a  particular  public 
sector  information  product  and  that  they  should 
not be subsidised by the rest of the population. In 
fact,  people  are  willing  in  certain  circumstances 
to  pay  for  the  (information)  services  offered. 
Figure 4 clearly shows this. 

95.  But  pricing  should  be  such  that  it  does  not 
preclude  the  access  for  all.  In  this  respect 
mention  should  be  made  of  the  French  initiative 
to  identify  categories  of  public  sector  information 
to  be  "essential"  in  view  of  the 
considered 
exercise  of  democratic  rights  by  citizens.  In 
principle,  such  public  sector 
is 
provided for free. 

information 

accessible 

96.  At  the  exploitation  side,  it  is  important  that 
efforts  made  by  the  public  sector  to  render 
information 
commercial 
exploitation  are  recognised  and  rewarded. At the 
same  time,  if  the  private  sector  is  to  develop 
competitive 
sector 
information,  the  raw  materials  must  be  available 
to them at a reasonable price. 

products 

public 

from 

for 

97.  Pricing  is  therefore  a  crucial  issue  for  the 
exploitation  of  public  sector  information  by  the 
content  industries.  It  largely  determines  whether 
they  will  find  an  interest  in  investing  in  value 
added  products  and  services  based  on  public 
sector  information.  American  companies  benefit 
from  the  fact  that  they  can  obtain  US  public 
sector information for free. 

14 

msm 

98.  Public  sector  bodies  have  cost  structures 
those  of  private 
which  may  differ 
from 
businesses. 
is 
possible  that they  offer  products  at  less than  the 
market  price,  or  cross-subsidise  other  areas  of 
their operations through the sale of information. 

In  certain  circumstances, 

it 

99.  Fair  competition  may 
thus  be  adversely 
affected  once  public  sector  organisations  offer 
added-value  information  products  on the  market. 
This  may  also  be  the  case  when  exploitation 
rights  or  exclusive  contracts  are  ceded  to  semi-
sector  bodies.  Unfair 
private  or  private 
from 
competition  situations  may  also 
information  being  released  at  different  speeds  to 
different parties. 

result 

National legislation 

issues 

100.  All  Member  States' enforce  some  general 
competition  rules.  Some  legislation  specifically 
deals  with  competition 
in  respect  of 
commercialisation  of  public  sector  information. 
that  government 
The  UK  guidelines  state 
departments  should  not  aim to  compete  with  the 
private sector.  According  to French  rules a public 
body  should  not  directly  intervene  in  the  market 
and  may  only  provide  value  added  information 
services  if  this  is  in  line  with  their  legal  mission. 
Divergent  application  of  competition  rules  in 
different  Members  States  may  create  market 
distortions. 

EU competition rules 

101. 
articles  85-94  of 
competition issues in this field are interrelated: 

EU  competition  rules  are  determined  by 
the  EC  Treaty.  Several 

•  State  aid  22:  market  distortion  through  public 

subsidies should be avoided 

•  Abuse of dominant  position  23:  access to data 
not  available  elsewhere  should  be  under 
reasonable  conditions,  on  a  cost-oriented 
basis (essential facility doctrine) 

•  Agreements  between companies  24; 

•  Monopolies25. 

102. 
In  the  context  of  the  State  aid  rules, 
information  providers  may  be,  under-
public 
certain  circumstances,  in  competition  with  the 
private  sector.  Public 
then 
constitute  a  state  aid26  that  could  benefit  from 
certain  derogations27.  Article  6  of  the  EC  Treaty 

financing  could 

which  prohibits  discrimination  on  grounds  of 
the 
is  also  relevant.  Furthermore, 
nationality 
1989  Synergy  guidelines  published  by 
the 
Commission  make 
to  competition 
rules. 

reference 

For  competition  policy  purposes,  a 
103. 
distinction  is often drawn  between  information  for 
which  only  one  source  exists,  which  must 
generally  be  made  available  at 
reasonable 
conditions,  and  information  which  is  available 
from  different  sources  (diversity  principle),  for 
which market prices may apply. 

It  applies  both 

104.  Competition  is also an essential  principle 
to 
of  public  procurement. 
publishing  contracts  (where  the  public  institution 
pays  for  publication  or  subsidises  it)  and  to 
distribution  contracts  (in those cases where  there 
are  limitations  to  the  number  of  distributors,  in 
order  to  reach  certain  targets,  e.g.  geographical 
coverage). 

New 

105. 
fixed  and 
technologies  change 
variable  costs,  new  national  and  multinational 
players  appear  on  the  market  which  creates 
opportunities  to  reduce  prices  or  to  increase  the 
distributions targets. This may  require changes  in 
procurement policies and in tendering terms. 

Question 5 

To what  extent  and  under what  conditions,  could 
the 
activities  of  public  sector  bodies  on 
information  market  create  unfair  competition  at 
European  level? 

'III.6 Copytiig ht  iss u es 

106. 
The  Bern  Convention  (Art.  2  (4))  leaves 
Member  States  the  freedom  to  determine  the 
protection  to  be  granted  to  official  texts  of  a 
legislative,  administrative  or  legal  nature,  and 
their official translations. 

107. 
The vast majority  of Member States  have 
used  this  provision  to  exclude  these  texts  from 
any  copyright  protection.  As  to  information  of  a 
different  nature  produced  by  the  public  sector, 
most Member States have extended the  previous 
information  material. 
exclusion  also 
However, the extent to which copyright  is granted 
to  these  materials  does  not  limit  in  itself  access 
by the public to the information. 

this 

to 

22 
23 
24 
25 
26 
27 

article 92 
article 86 
article 85 
article 90 
within the meaning of Article 92(1) 
not  only  under  Articles  92(2)  and  92(3)  (categories 
of  aid  that  are  or  may  be  considered  compatible  with  the 

if 

common  market),  but  also  under  Article  90(2) 
the 
undertaking  is  entrusted  with  a  service  of  general  economic 
interest. In the  latter  case, all of the conditions of Article 90(2) 
would  have to be fulfilled : the  undertaking  must  be  entrusted 
with  a  service  of  general  economic  interest;  the  amount  of 
the  aid  must  not exceed  the  net  cost  of  ensuring  the  service 
of  general  economic  interest;  and  the  development  of  trade 
must  not  be  affected  to  such  an  extent  as would  be  contrary 
to the interests of the Community. 

15 

108. 
The  public  sector  has  two  main  reasons 
to  protect  its  information.  In the first  place  it  may 
be  a  source  of  income.  This  may  pose  however 
questions  in  the  field  of  competition.  It  may 
create  market  distortions  between  companies  in 
the  different  Member  States  that  want  to  reuse 
the information. 

109. 
Another  reason  for  public  sector  bodies 
protecting  their  information  could  be  the  wish  to 
maintain  the  integrity  of  the  content.  This  is 
relevant in the perspective of liability  questions 

Question 6 : 

Do  different  copyright  regimes  within  Europe 
represent  barriers  for  the  exploitation  of  public 
sector  information? 

.;jj"l'.~7lPriyacyissue's*! 

Part  of 

the  commercially 

110. 
interesting 
information  held  by  the  public  sector  is  of  a 
personal  nature,  i.e.  relates  to  or  allows  the 
identification  of  individual  persons.  This  is  for 
example  the  case  with  respect  to  population, 
company,  vehicle  or  credit  registers. 
It  also 
applies to information on  medical, employment or 
social  welfare  data.  Access  to  such  information 
may  be  of  use  to  private  industry  for  marketing, 
research  or  other  purposes.  In  such  cases  the 
right to information  needs to be balanced with the 
individual's  right  to  privacy.  All  national  access 
laws  show  awareness  of  the  need  for  such  a 
balance. 

24  October 

1995  Directive 
111.  On 
95/46/EC28  was  adopted  on  the  protection  of 
individuals  with  regard  to  the  processing  of 
personal data and on the free  movement  of such 
data.  This  Directive  establishes  binding  rules  for 
both  the  public  and  the  private  sectors  and 
achieves  the  necessary  balance  between  the 
principle  of  access  to  public  sector  information 
and  the  protection  of  personal  data.  It  must  be 
fully  observed  in  cases  of  personal  data  held  by 
the public sector. 

112. 
It is up to the public bodies responsible to 
apply  the  agreed  balances  between  the  need  for 
open  access  for  commercial  or  other  purposes 
on one hand and the right to privacy on the other, 
taking  into  account  the  principles  established,by 
the  EC  Directive,  in  particular  the  principle  of 
national 
In 
purpose 
supervisory  authorities  have  an  important  role 
and  courts  are  expected  to  decide  in  cases  of 
dispute. 

limitation. 

addition, 

In the specific case of statistical data, the 
113. 
well-established  statistical confidentiality  principle 
reinforces  the  data  protection  level.  Statistical 

28  O.J. N§ L281, 23.11.1995, pp. 31-50 

16 

confidentiality  prevents  not  only  access  to  any 
other  private  users  but  also  the  transmission  of 
confidential  data  to  administrative  bodies  other 
than statistical offices. 

The  emergence  of 

114. 
Information 
society  could  pose  new  risks  for  the  privacy  of 
the 
registers  become 
accessible  in  electronic  format  (in  particular  on 
line and on the Internet) and in large quantities. 

if  public 

individual 

the 

Question  7 : 

Do  privacy  considerations  deserve  specific 
attention  in  relation  to  the  exploitation  of  public 
sector  information? 

In  what  way  could  commercial  interests  justify 
access to publicly held personal data? 

jlll.8 Liability  issues 

to  and 

115.  Clarity  as to the  liability  issues  may  have 
the 
impact  on  access 
a  positive 
exploitation  of  public  sector  information.  In  fact, 
liability  may  be  a  reason  for  the  public  sector  to 
operate a prudent  information  policy.  If the  public 
body  provides  information  to  a  requestor  directly 
it could, in principle,  be liable (in accordance  with 
national liability  laws) for any damages  caused to 
the citizen concerned. 

The  issue  becomes  more  complex  when 
116. 
more  than  two  parties  (public  body,  requester) 
are  involved  in the  processing  and  dissemination 
of  information.  This  is  the  case,  for  example, 
when the public sector has ceded the  information 
to a  private company.  In that case,  public  bodies 
could  still  be  liable  for  the  information  provided, 
unless they have limited this liability  by contract. 

The  more  actors  are  involved,  the  more 
117. 
difficult it becomes, in cases of conflict, to  identify 
the  one  who  has  defaulted  or  acted  unlawfully. 
Some  commentators  believe  that  coordinated 
European  approaches 
issue  are 
particularly  important  in  view  of  the  difficulty  of 
establishing  which  national  law  applies  in  cases 
involving several countries29. 

this 

to 

29  The  proposal  for  a  directive  on  certain  legal  aspects  of 
electronic  commerce  in the  Internal  market  submitted  by  the 
Commission  on  18  November  1998  recognises  the  need  to 
clarify  the  responsibility  of  on-line  service  providers 
for 
transmitting  and  storing  third  party  information  (i.e.  when 
service  providers  act  as  "intermediaries")  in  the  context  of 
commercial  communications.  To  eliminate  the  existing  legal 
uncertainty  and 
the  different 
to  bring  coherence 
approaches  that  are  emerging  at  Member  State  level,  the 
proposal  establishes  a  "mere  conduit"  exemption  and 
limits 
service provider's  liability for other "intermediary" activities. 

to 

Question 8 : 

To what extent  may the  different  Member  States' 
liability  regimes  represent  an  obstacle  to  access 
or exploitation of public sector  information? 

IHI;9 EUlnfoffnafiorT 

As  indicated  in  paragraph  1.1  and  in 
118. 
the  EU  is 
annexe  2  of  this  Green  Paper, 
developing  policies  to  improve  the  access  to  its 
this 
information  and 
information.  All  EU 
for 
example  a  family  of  WWW  sites  accessible 
through  one  single  gateway  (http://europa.eu.int) 
and offering a large amount of information. 

the  dissemination  of 
institutions  maintain 

119. 
It would  help these  policies  if,  in  reaction 
to  this  paper,  comments  were  received  on  the 
they  are 
in  this  field  and  the  way 
actions 
perceived.  This 
following 
the 
leads  up 
question. 

to 

Question 9 : 

To  what  extent  are  the  policies  pursued  by  the 
EU 
field  of  access  and 
in 
dissemination of information  adequate? 

institutions 

the 

In what way can they further be improved? 

17 

tdofJcludffi^Hipcs'. 

•  •.•..:.•.".' 

•  .v-:--. •• 

throughout 

The  lack of transparency  of  public  sector 
120. 
information 
a 
substantial  barrier  for  citizens  and  business  alike 
that want to exercise the rights granted by the EC 
Treaty  and  benefit  of  the  advantages  of  the 
internal market. 

Europe 

forms 

At 

time 

the  same 

121. 
the  European 
information  industry  is  faced  with  a  plethora  of 
the 
different 
Commission  believes  may  be  preventing  them 
from 
information 
potential. 

fully  exploiting  Europe's 

practices  which 

laws 

and 

Subject  to  the  responses  to  this  Green 
122. 
Paper  and, 
the 
in  particular,  comments  on 
regulatory  or  other  barriers  and  obstacles  which 
for  access  and 
may  hinder 
information, 
exploitation 
consideration  can  be  given  to  what, 
if  any, 
response may be required at European level. 

the  possibilities 
public 
of 

sector 

123. 
address: 

Such 

response  could 

for  example 

• 

• 

Legislation  (e.g. need for  recommendations, 
guidelines or binding measures). 

Information  exchange  throughout  Europe, 
allowing  public  bodies  to  learn  from  each 
others experiences. 

•  Awareness  raising  at  all  levels  (citizens, 
business and administrations)  concerning  the 
existing information sources. 

•  Demonstration  and  pilot  projects  allowing 
the  spread  of  technologies  supporting  new 
information  services  and  experiments  with 
new models of public/private  partnerships. 

•  Education 
enhancing 
capacities of administrations  and individuals. 

initiatives 
information  management 

Training 

and 

the 

124. 
Comments  are  invited  on  these  possible 
fields  for  action  or  concerning  any  other  type  of 
measures felt to be appropriate. 

Question 10 : 

Which  actions  should  be  given  priority  attention 
at European level? 

The following list recapitulates the questions  raised in Chapter I 

List of Questions  .  •'•"-'• 

1  Which definition of public sector is the most appropriate in your view? 

What categories of public sector information should be used in the debate? 

2  Do  different  conditions  for  access  to  public  sector  information  in  the  Member  States  create 

barriers at European level? 

If  so,  what  elements  are  concerned:  requirement  of  an  interest,  exemptions,  time,  format, 
quantity? 

What solutions can be envisaged? 

3  Could  the  establishment  of  European  meta-data  (information  on  the  information  that  is 
available)  help the  European  citizens  and  businesses  in finding their way  in the  public  sector 
information throughout  Europe? 

If so, how could this best be realised? 

What categories of content should directories of public sector information resources contain? 

4  What  bearing  do  different  pricing  policies  have  on  the  access  to  and  exploitation  of  public 

information? 

Does this create differences  in opportunities for citizens and businesses at European  level? 

5 

To  what  extent  and  under  what  conditions,  could  activities  of  public  sector  bodies  on  the 
information  market create unfair competition at European  level? 

6  Do  different  copyright  regimes  within  Europe  represent  barriers  for  exploitation  of  public 

sector  information? 

7  Do  privacy  considerations  deserve  specific  attention  in  relation  to  the  exploitation  of  public 

sector  information? 

In what way could commercial interests justify  access to publicly  held personal data? 

8 

9 

To  what  extent  may  the  different  Member  States'  liability  regimes  represent  an  obstacle  to 
access or exploitation of public sector  information? 

To  what  extent  are  the  policies  pursued  by  the  EU  institutions  in  the  field  of  access  and 
dissemination of information  adequate? 

In what way can they further be improved? 

10  Which actions should be given priority attention at European level? 

19 

Annexe 1: Current situation in Member States regarding legislation and policy on access to 

" •' ''"'••'  public sector information. 

Austria 

local 

There  is  constitutional  law  (1987/285)  of 
15.5.1987,  which  stipulates  a  general  right 
of  access.  This  constitutes  a  minimum 
the 
framework:  All  officials  at 
federal, 
level  entrusted  with 
regional  or 
administrative  duties  as  well  as  the  officials 
of  other  public  law  corporate  bodies  should 
impart  information  about  matters  pertaining 
to  their  sphere  of  competence  in  so  far  as 
this  does  not  conflict  with  a  legal  obligation 
to  maintain  secrecy.  Citizens'  access 
is 
usually  free  but  in  some  cases  a  charge  is 
made  covering,  inter  alia,  the  reproduction 
and  dissemination  costs.  Each  department 
defines  its  commercialisation  policy  under 
the  control  of  the  Minister  responsible,  on  a 
case-by-case  basis.  There  are  some  cases 
of  public  and  private  sector  co-operation,  in 
the  telecoms,  debt  recovery,  judicial  and 
government 
for 
example. 

information 

sectors, 

Belgium 

is 

law 

general 
of 

that  administrative 

There  are  laws,  at  the  federal  (11.4.1994) 
and  regional  level (Flanders  23.10.1991  and 
13.6.1996),  on  civil  transparency,  providing 
a general  right  of  access  to documents  held 
by  a  public  authority.  These  laws,  however, 
documents 
provide 
thereby  obtained  may  not  be 
further 
distributed  or  used  for  commercial  ends. 
on 
no 
There 
sector 
commercialisation 
information. 
the  civil 
transparency  law,  access  is  given  free  of 
cost. 
charge 
Commercialisation  policies  are  pursued  by 
some government  departments  on the  basis 
of  case-by-case 
relationships. 
Public  and  private  co-operations  have  been 
for  example 
in  the  vehicle 
established, 
statistics 
registration, 
geographic 
information  sector. 
latter  sector, 
In 
however,  there  have  also  been  cases  of 
litigation involving the relevant state body. 

public 
the  context  of 

and 
the 

marginal 

contract 

or 

In 

at 

As  regards  active  dissemination,  Postbus 
3000  distributes  information  of  the  Federal 
government  by  means  of  television  and 
radio  and  by  means  of  advertising 
in 
newspapers  and magazines. These forms of 
communication 
to 
contain 
brochures  freely  available  to  the  public.  The 
information  and 
brochures  hold  contact 
additional  information  on  the  subjects  and 
the  services  involved.  Furthermore,  citizens 
via 
can  obtain  additional 

information 

pointers 

Postbus  3000.  Postbus  3000 
provided by the Federal Information Service. 

is  a  service 

As  of  24  March  1995,  the  Federal  government 
maintains  an  extensive  Internet  website  in  four 
(Dutch,  French,  English  and 
languages 
This 
http://belgium.fgov.be. 
at 
German) 
'umbrella  website'  contains  pointers 
to  all 
Federal  departments.  A  wide  variety  of 
is  available,  such  as:  general 
information 
information  on  Belgium,  decisions  of 
the 
Council  of  Ministers,  useful  addresses  of 
governmental  organisations  and 
initiatives 
regarding  public  sector 
information.  The 
Communities  and  Regions  also  maintain  their 
own  websites.  These  are  accessible  through 
the Federal website by means of hyperlinks. 

At  present  the  establishment  of  a  call center  is 
being  prepared  (at  Federal  level),  enabling 
citizens to submit questions  to  the  government. 
The  Flemish  Community 
is  undertaking 
comparable  actions;  In  the  Walloon  Region 
such centre is already  in its operational phase. 

Under  a  recommendation  of  the  Council  of 
Europe,  As  of  1997  the  Council  of  State  is 
under the  legal  obligation  to  publish  most  of  its 
decisions,  which  are  made  available  by  means 
of CD-ROM and Internet." 

Denmark 

information 
right  of  access 

A  law  is  underway  to  replace  two  existing 
laws  which  give  a 
freedom  of 
general 
to  government 
documents.  The  Bill  covers  all  the  society  and 
is  close  to  the  EC  95/46  Directive  statements. 
Pilots  are  planned  concerning  open  public 
;  a  standard  about  electronic 
mailing 
publishing 
is  published,  and  all  public 
publications  will  gradually  be  electronically 
accessible.  All  public  institutions  have  e-mail 
and  are  represented  through  the  Internet.  Still 
more  public  electronic  based  self-service 
possibilities  are  present.  Access  to  electronic 
legal data and information is freely available. 

lists 

As  regards  citizens  access  to  print  documents, 
the  principle  is that citizens  should  only  pay  for 
the cost of access  which  is stipulated to  be  10 
DKR  for  the  first  page  and  1  DKR  for  each 
additional  page.  There  is  no  specific  law  on 
commercialisation  of  public  sector  information 
although 
Info-Society  2000  Programme 
makes  some  reference.  There  has  also  been a 
1992  Ministry  of  Finance  Budget  Guide 
covering the public sector in general and setting 
"long term average costs" and "fair competition" 
principles.  Since 
for 
electronic  information  services  is  still  relatively 
small,  most  of  the  public  sector  information 

the  Danish  market 

the 

20 

dissemination,  both  in  print  and  electronic 
form,  is  carried  out  by  the  public  sector. 
interest  has  been 
commercial 
Some 
fields  of  population, 
the 
expressed 
in 
company  and 
law  and 
land 
statistics  in which  there  have  been  cases  of 
public  and  private  sector  co-operation  and 
competition. 

registers, 

A  new  pricing  model  concerning  sale  of 
public  data  is  now  worked  into  the  Budget 
Guide  covering 
the  public  sector  and 
decision  has  been taken on  principles  about 
quality  of and access  to  public  data  and  the 
ongoing  development  activity.  The  tendency 
the  open 
is 
information society are quickly done. 

that  new  steps 

to  create 

Finland 

There  is  a  Publicity  of  Official  Documents 
Act 
(83/9.2.1951),  providing  a  general 
access  right  to  any  document  prepared  and 
issued  by  a  public  authority,  as  well  as  any 
document  sent or  given  to a  public  authority 
and  in its  possession.  In  1987 this  right was 
extended  to  documents  produced  "by  the 
use  of  punch  marks,  magnetisation  or  other 
comparable  means and  intended to  be read, 
to  or  otherwise  understood  by 
listened 
means  of  technical  devices".  The  law  is 
currently  being revised and modernised. The 
new  law  will  promote  the  use  of  authorities' 
the 
information 
administration. 

outside 

matter 

is  otherwise  similar 

The  Finnish  market  and  commercialisation 
situation 
in 
that 
is  still 
Denmark.  Private  sector 
rather  small  and  the  main  dissemination 
initiatives are still within the public sector. 

to 
interest 

report 

A  1995 
"Developing  a  Finnish 
Information  Society"  makes a brief  reference 
to  encouraging  commercial  reuse  by  the 
private 
sector.  Pricing  policies  were 
established  by  the  1992  Act  on  Charging 
Criteria  for  the  State  which  distinguishes 
three 
types  of  government  goods  and 
services:  a)  those  in  the  public  interest, 
provided  free  of  charge  b)  those  offered  by 
legal 
monopoly  bodies,  or 
requirement,  provided  at  cost  price  and  c) 
others, provided at commercial price. 

following  a 

France 

is  a  general 

law  on  access 

relations  between 
public, 

to 
There 
administrative  documents  (part  of  a  wider 
the 
law  concerning 
administrations 
78-
753/17.7.1978,  amended  in  1979),  which 
excludes 
reproducing, 
disseminating  or commercially  exploiting  the 
documents  concerned.  Access  "in  situ"  is 
free  of  charge,  while  copying  costs  are 

the  possibility  of 

and 

the 

charged to the requester.  There  is also a  Prime 
Minister's  circular  of  14.2.1994  concerning  the 
dissemination  of  public  data  which  establishes 
some policy  principles for the  commercialisation 
of  such  data,  distinguishing  between  raw  data 
(being  freely  accessible)  and  value-added  data 
(in  certain  cases  protected  by  copyright)  and 
discussing  the  information  dissemination  roles 
of  the  public  and  the  private, sectors  including 
competition and pricing issues. 

successful 

There  is  a  large  private  sector  participation  in 
the  public  sector  information  market.  This  has 
some  areas 
been  more 
(geographic,  company 
in 
than 
others  (agricultural,  judicial  information).  There 
is  a  policy  of  providing  public  concessions  to 
private 
some 
commentators feel raises competition issues. 

companies  which, 

information) 

sector 

in 

action 

the  Government 

initiative  recognises 

In 
programme 
"Preparing  France's  entry  into  the  information 
society"  published  on  16  January  1998,  the 
French  Government  announced  that  "essential 
public  data"  will  be  freely  available  on  the 
Internet.  This 
the 
development  of  the  networks  has  profoundly 
traditional  distinction  between 
changed 
its 
public 
access 
dissemination.  Furthermore  it  stresses  the  fact 
that 
to  access  public  sector 
information  sources  is vital  to  the  development 
the 
of 
information  industry. 

information  market  and 

information  "  and 

the  ability 

the 
to 

thus 

that 

the 

Germany 

access 

Germany  has  neither  a general  access  law  nor 
a  law  on  commercialisation  of  public  sector 
information.  A  large  number  of  sectoral  laws 
offer  access  to  specific  types  of  information 
(e.g.  administrative  complaints,  environmental 
information).  Some  Lander  have  constitutional 
provisions  and  are  in  the  process  of  preparing 
general 
laws.  Commercialisation 
practices  have  been  developed  by  different 
authorities  separately. 
In  some  cases  (e.g. 
are 
financial-commercial 
examples of successful  public/private sector co 
operation  while 
(e.g.  company 
in  others 
information) there  have been difficulties.  Pricing 
policies  also  differ  widely,  depending  on  the 
legal  basis  of  the  request,  the  public  sector 
agency  in question  and the  intended  use of the 
information.  This  variety  of  policies 
is 
accentuated  by  the  federal  structure  of  the 
state. 

statistics) 

there 

Greece 

Greece  has  a  law  providing  general  access 
(1599/1986),  which  does  not  allow  for  the 
commercial  exploitation  of  the  public  sector 
documents  concerned.  Although  there  is  no 
general  law  or  policy  concerning  commercial 
dissemination  of  public  sector  information,  the 

21 

of 

its 

the 
Interior 
is  working  on 

and  Public 
Ministry 
legal 
Administration 
information 
framework.  The  electronic 
market 
the  market 
is  very  small  and 
potential of  public sector  information  has not 
yet  been  established  (apart  from  a  few 
the 
exceptions 
tourism, 
agriculture  and 
fields).  Several 
legal 
government  bodies  are  already  in a  process 
of  developing  information  systems  to  make 
their  content  accessible  both  to  business 
and citizens. 

cultural, 

in 

Ireland 

The  Freedom  of  Information  Act,  1997,  was 
the  first  significant  piece  of  legislation  that 
obliged  government  Departments 
and 
Offices  to  publish  details  of their  information 
the  right  of 
holdings.  This  Act  asserts 
members  of  the  public  to  obtain  access  to 
official  information  to  the  greatest  extent 
possible  consistent  with  the  public  interest 
and the right to privacy. 

Under  the Act,  public  bodies  are  required  to 
publish certain information about themselves 
and  also  to  make  available  details  of  their 
internal  rules,  procedures, 
interpretations, 
in  decision  making.  Many 
etc.  used 
Departments  and  Offices  publish 
this 
information  on  the 
Internet.  The  central 
purpose  of  this  information  is  to  assist  the 
public in ascertaining the information held by 
each organisation and how to access it. 

standard  hourly 

In  respect  of  non-personal  information,  fees 
may be charged  in respect of the time spent 
in  efficiently  locating  and  retrieving  records, 
based  on  a 
rates. 
Photocopying  charges  may  also  apply.  In 
respect  of  personal 
records,  copying 
charges  only  will  apply,  save  where  a  large 
number  of  records  are  involved.  No charges 
may  apply  in  respect  of  the  time  spent  by 
public bodies in considering  requests. 

In  addition,  most  government  Departments 
and  Offices  produce  publications  relating  to 
their  interests.  These  are  generally  issued 
free  where  it  is  desirable  for  purposes  of 
public  policy,  or  are  priced  on  a  cost 
recovery basis. 

While  there  is  no  general  law  or  policy  on 
the  commercialisation  of  public  sector 
information  some  organisations  (e.g.  Land 
Registry,  Ordnance  Survey,  etc.)  market 
information.  Where 
this  happens  pricing 
policy  is,  in  general,  market-led  with  the 
commercial 
charged. 
Commercialisation  and  public/private  sector 
co-operation  occur  mainly  in the  field  of  law 
and statistics. 

being 

rate 

The  1996  report  "Information  Society  Ireland  -
Strategy  for  Action"  envisages  free  or  low  cost 
access  to  public  databases  and  information 
services,  coupled  with  the  use  of  information 
and  communications  technologies  in the  public 
sector  to  deliver  citizen-centred  applications  to 
the  public.  All  newly  published  government 
information 
available 
electronically  and  on  paper  at  the  same  time 
from  a  specified  data 
;  low  cost  ("lo-call") 
telephony  access  to  government  Departments 
and  Offices  has  already  been  introduced  and 
will  be  enhanced  with  self-service  over  the 
Internet,  fax  on  demand,  etc.;  government  web 
sites will be developed with a view to  increasing 
interactivity  and potential for service-delivery. 

be  made 

to 

is 

Italy 

law 

policy 

There  is  a  general  access  law  (241/7.8.1990), 
although in many cases access depends  on the 
is  no 
existence  of  a  legal  interest.  There 
general 
concerning 
or 
commercialisation  of  public  sector  information. 
Access  based  on  the  aforementioned  law  is 
free  of  charge.  Pricing  policies  for  commercial 
purposes  differ  in  the  various  public  sector 
bodies. Examples  of  public/private  co-operation 
exist  in  areas  like  company  information  and 
statistics.  In  some  cases  there  have  been 
complaints relating to competition rules. 

Luxembourg 

rulings 

regarding 

There  is  neither  a  general  access  law  nor  any 
commercial 
general 
exploitation  of  public  sector 
information, 
although  a  working  group  has  been  set  up  to 
examine this  issue. In practice, when  available, 
public  sector  information  is  either  given  free  of 
charge  or  at  distribution  cost  price.  There  are, 
as yet,  no examples  of  public/private  sector  co 
operation. The  tiny  size  of  the  market  probably 
discourages strictly  national initiatives. 

Netherlands 

is  a  Government 

Information  Act 
There 
(entered  into  force  in  1980,  amended  in  1992) 
which  compels  administrative  authorities 
to 
disseminate  government  information  actively, 
and to  provide  information  upon  request.  There 
are,  however,  exemptions  from  and  restrictions 
to  these  obligations.  These  exemptions  and 
restrictions  . are  comparable  to  those  under 
other  general  access  laws  (e.g.  exemptions  in 
the  interests  of  the  state,  third  parties  and  the 
protection of the decision making process). 

The  Ministry  of  the  Interior  has  a  co-ordinating 
role  regarding  public  sector  information  policy. 
As  yet,  there  is  no  general  policy  on  the 
exploitation  or  commercial  reuse  of  public 
sector 
Consequently, 
administrative  authorities  set  out  their  own 

information. 

22 

policies.  However,  steps  have  been  taken 
the  development  of  a  general 
towards 
policy. 

first  step 

increasing 

technology" 

accessibility 

the  Cabinet 

As  a 
issued  a 
memorandum  "Towards  the  accessibility  of 
government  information,  Policy  framework 
for 
of 
the 
government  information  through  information 
and  communication 
in  June 
1997.  The  key  topic  in  the  memorandum  is 
which  public  sector  information  should  be 
made  available  electronically,  who  for,  why, 
how and at what price. In the Cabinet's view, 
so-called basic information of the democratic 
and 
constitutional 
regulation, statements by the judiciary  courts 
and  parliamentary  information)  should  be 
made  accessible  as  much as  possible  since 
is  generally 
this  category  of 
speaking,  public.  ICT  may  be  an  important 
instrument  in this.  Regarding  electronic  data 
files  of  administrative  authorities, 
the 
Cabinet  has  noted  in the  memorandum  that 
a  policy  needs  to  be  developed  governing 
access  to  file  data,  in  particular  the  access 
by the private sector. 

information 

(legislation 

state 

the  memorandum, 
to 
follow-up 
As  a 
electronic  data 
files  of  administrative 
authorities  are  currently  being  examined  on 
type, use, origin of the data and legal status. 
The aim  is to categorise  electronic  data files 
in  order  to  develop  policy  measures  for  the 
access  to  specific  types  of  data  files.  Such 
measures  are considered  necessary  since it 
is  unlikely  that  exploitation  or  commercial 
reuse  of  electronic  public  sector  data  files, 
given  their  diversity,  can  be  covered  by  a 
general rule. 

Portugal 

law 

rules  or  policies 

There  is  a  general  access  to  public  sector 
(65/26.8.1993),  but  no 
information 
general 
concerning 
commercialisation.  In general,  information  is 
charged  at the  lowest  possible  price, in view 
of  the  public  service  mission  of  the  public 
authorities. There  is a public citizens  access 
project  providing  kiosk-type  access 
to 
specific  areas  of  public  sector  information, 
the  technical  execution  of  which  is  to  some 
extent  entrusted  to  the  private  sector.  Some 
further  examples  of  public/private  sector  co 
operation  exist  in  the  company  and  legal 
information  areas, although the small size of 
the market and the relative lack of electronic 
government  databases  does  not  encourage 
such commercial initiatives. 

Spain 

has 

Spain 
law 
(30/26. T1.1992)  which  does  not  currently 
apply  to  computerised  information.  A  legal 

general 

access 

a 

central 

interest in the requested information  is required. 
A  royal  decree  has  recently  been  adopted 
information 
regulating  the  use  of  electronic 
techniques 
general 
the 
by 
administrations.  Reference  is  included  to  the 
relationship  between  administration  and citizen. 
Recent studies  have shown that  information  on 
34%  of  public  services  is  accessible  to  the 
public,  access  being  provided  in  certain  cases 
in collaboration with the  private sector.  There  is 
no  general  commercialisation  policy.  Tariffs 
vary  from  zero(40%  of  the  cases)  to  market 
prices.  There  are  many 
of 
public/private  sector  co-operation  especially  at 
regional  and  local  level  in  areas  like  external 
trade,  finance,  culture,  education  and  science 
while  in  areas  like  company  information  and 
statistics,  co-operation  has  been  either  non 
existent or unsuccessful. 

examples 

Sweden 

Sweden  has the oldest  access  law  in the  world 
(the  1766  Freedom  of  the  Press  Act, 
last 
amended  in  1994)  giving  access  to  documents 
kept  by  a  public  authority,  including  electronic 
documents.  All  documents  drawn  up  or 
received  by  an  authority  are  included.  Access 
to  documents  is  free  of  charge,  although  a 
charge  is  made  for  documents  over  9  pages. 
There 
to  make  available 
records  for  electronic  data  processing  in  any 
form other print-outs. 

is  no  obligation 

Access  can  be denied, only  with  reference  to  a 
specific  clause 
legislation  demanding 
secrecy (the Secrecy Act). 

in 

this 

legislation  also  covers 
In  principle, 
information  held  in  databases  and  registers  of 
public authorities. Access  to  information  in data 
systems  and  registers  are  in  practice  limited  to 
such  data  that  can  be  extracted  and  delivered 
with  routine  procedures.  There  are  special 
provisions  in  the  Data  Protection  Act  for  a 
citizen  to  get  information  on  what  data  are 
recorded  concerning  him/herself 
in  public 
registers. 

A new Personal Data Act will come into force in 
October  1998.  The Act  is  largely  based  on  the 
EU directive on protection of personal data. The 
new  legislation  does  not  impinge  upon  the 
constitutional  right  of  public  access  to  official 
documents. 

for  commercial 

A  limited  number  of  larger  national  databases 
and public  registers are by  law authorised to be 
used 
information  services 
(addresses  to  persons  and  companies,  real 
estate 
vehicle 
information,  etc.).Within  the  business  sector, 
such  information  can  then  be  used  for  value 
added 
public 
is  normally  based  on  a  cost 
information 

services.  Pricing  of 

information, 

land 

and 

the 

23 

recovery  principle.  No  other  commercial 
is 
register 
sales  of  public 
allowed. 

information 

they  can  provide  more 

Government  and  municipal  authorities  are 
organising  their  information  resources  so 
information 
that 
electronically  , and not only with reference to 
the  Freedom  of  Press  Act,  which  presently 
only  guarantees  access  to  documents  in 
paper  form,  but  as  a  service  to  the  public 
and to business. 

A  Committee  has  been  given  the  task  of 
reviewing  the  constitutional  rules  on  the 
public's  right of access to official  documents 
from an IT perspective. 

in  Spring  1996,  outlines 

IT  Bill,  passed  by 
The  Government 
Parliament 
the 
direction in the Government  policy for further 
opening  up  public  sector 
to  electronic 
access. The  Bill stresses  the  power  of  IT to 
strengthen  transparency,  democracy  and  to 
create  economic  advantages  for  society, 
and  sets  out  general  guidelines  for  public 
and  business  sector  access  to  information, 
as well as for the citizens. 

In the Government  Public Administration  Bill 
of  1998  information  service  in  the  public 
sector  is one  of the  main  issues. As a  basic 
principle  pricing  of  public  information  should 
be  based  on  recovery  of  distribution  costs. 
The  Government  also  sets  the  direction  of 
the further work  in this field, including  how to 
define  national  basic  data  and  how  to  make 
information  from public  registers  more easily 
accessible  in electronic form. The authorities 
is  primarily  at  dealing  with 
whose  work 
individuals  should  offer 
companies  and 
electronic  services 
for  self-service  as  a 
complement to traditional services. 

for 

renewal  of 

There  is  a  proposal  from  the  Ministry  of 
Justice 
the  Legal  Data 
Information  System,  Rixlex  2000,  which  is 
for  consultation.  The 
currently  subject 
system  has  a  decentralised  structure.  Each 
of the  suppliers  of  information  to the  system 
is  responsible 
the 
contents of submitted material. 

the  accuracy  of 

for 

the  general 

Within 
framework  outlined 
above,  a number  of  practical  and  legislative 
activities  are continuing  to further  adapt  and 
management, 
develop 
openness,  synergy  and  liability  in  the  new 
electronic  environment. 

information 

United  Kingdom 

to 

There  is  no  law  giving  a  general  right  of 
access 
information  held  by  central 
government.  A  Code  of  Practice,  published 
in  1994, gives  rights of access to information 
broadly  comparable  with  statutory  regimes 

in other countries. These include a commitment 
to  voluntarily 
for  government  departments 
disclose  certain  types  of  information  of  public 
interest. The Code is not legally enforceable  but 
is  policed  by  the  Parliamentary  Ombudsman, 
who  is  independent  of  government.  A  separate 
Code  of  Practice  on  Openness  in  UK  health 
services was issued in 1995. 

The  present  Government  took  office  in  May 
1997  with  the  clear  commitment  to  a  Freedom 
of Information Act. A White  Paper entitled "Your 
right  to  know"  was  published  in  December 
1997,  setting  out  proposals  for  Freedom  of 
Information 
go 
significantly  beyond  the  Code  of  Practice  in  it's 
openness requirements. 

legislation  which  would 

A draft  Freedom of  Information  Bill is due to  be 
published by the Government in 1999. 

for  government 

The  Government  has  also  established  an 
Internet  service 
information 
(at.www.open.gov.uk).  All  new  statutes  and 
instruments  are  published  on  the 
statutory 
Internet (at www.hmso.gov!uk). There  is a right 
of  access 
local 
government  (Local  Government  Act  1985)  and 
to  various  types  of  personal  information,  such 
as  medical  records  and  information  held  by 
social services departments. 

information  held  by 

to 

The  Department  of  Trade  and 
Industry 
guidelines  on  Government-Held  Tradable 
Information  were  first  published  in  1986  to 
provide  guidance  to  government  departments 
on  making  their  information  available  to  the 
private  sector.  These  were  last  revised  in  1990 
the 
changes, 
and,  because  of 
Government  considers 
there  may  now  be 
scope  for  further  revision.  They  cover  issues 
like  identifying  the  tradable  information,  costs 
and charges, contract  matters, Crown copyright 
liability, 
obligations,  security  and  privacy, 
competition, 
non 
discrimination towards  EC service providers. 

non-exclusivity 

recent 

and 

The  development  of  government  executive 
recovery 
agencies 
lines  has 
run  on  cost 
reinforced  the  tendency 
for  Government  to 
make  information  available  in  a  number  of 
ways, both commercially  and non-commercially. 
The  level  of  charging  depends  on  the  type  of 
material and the degree to which it is being sold 
for commercial re-use. 

the  copyright 

liberalisation  of 

There  have  been  calls  from  the  private  sector 
for 
licensing 
regime  in  order  to  facilitate  the  non-exclusive 
licensed  reproduction  by  the  private  sector  of 
various 
the 
government  has  announced  various  initiatives 
in  copyright  policy  governing  reproduction  of 
statutory  material and the  use of class licences. 
In  the  UK,  which  has  the  biggest  and  longest 
established  electronic  information  market  in the 

information 

types  of 

and 

24 

E.U.,  there  have  been  many  examples  of 
public/private  sector  co-operation  such  as 
geographic,  legal and company information. 
A Green Paper entitled "Crown Copyright in 
the Information Age" dealing with access to 
public  sector  information,  was  published  in 
January 1998. 

25 

Annexe 2: European Commission action relating to public sector information  -The 
background to this Green Paper 

1. Some  Milestones 

In  September  1996,  in  its  resolution  on  the 
Commission's Action  Plan for the  Information 
Society,  the  European  Parliament  requested 
that  new  forms  of  electronic  distribution  be 
for  the  dissemination  of  public 
exploited 
information  to  all  citizens  at  European  and 
national level. 

In  October  1996,  in  its  resolution  on  new 
policy  priorities  in the  information  society, the 
Industry  Council  urged  Member  States  to 
improve  access 
information, 
through  the  accelerated  use  of  information 
society  tools  and  partnerships  between  the 
public and private  sector. 

to  public 

Access to public sector  information  has been 
one  of  the  priority  issues  addressed  by  the 
the 
ministerial 
conference  on  Global  Information  Networks, 
which took place in Bonn on 6-8 July 1997. 

declaration 

issued 

at 

Non-governmental  actors  have  also  been 
encouraging  action  in  this  area.  A  strong 
request  for  an  access  to  public  information 
initiative  has  recently  been  made  by  the 
Information 
(Vienna 
Declaration of  13-11 -1998). 

Society 

Forum 

In  addition,  mention  should  be  made  of 
initiatives  that  are  being  undertaken  in  other 
international  bodies, 
the 
activities of the Council of Europe. 

instance, 

for 

2. Openness of EU  institutions 

Since  the  signing  of  the  Maastricht  Treaty, 
the  openness  of  EU  institutions  has  been 
substantially  improved.  Considerable  efforts 
have  been  made to  ensure  an easier  access 
to  the  Institutions  documents.  In  1994  the 
Commission  issued, for  example,  a  decision 
on  public  access  to  Commission  documents 
(decision  of  8  February  1994  as  modified  on 
19 September  1996). 

legal  person 

In  the  Amsterdam  Treaty  the  importance  of 
this  issue was  underlined  by  the  inclusion  of 
a  specific  provision  regarding  transparency 
of  the  European  institutions.  A  new  article 
has  been  inserted  into the Treaty,  stipulating 
that any  citizen of the  Union, and any  natural 
or 
its 
registered  office  in  a  Member  State,  has  a 
the 
right  of  access 
European 
the 
Council  and  the  Commission),  subject  to 
principles  and  conditions  to  be  defined  in 
Council 
rules  of 
procedure  of  each  institution,  with  a  view  to 
the  greatest  possible  openness.  In  terms  of 

residing  or  having 

to  documents  of 

legislation  and 

(Parliament, 

institutions 

the 

in 

26 

the  transparency  principle,  the  Amsterdam 
Treaty  marks  a  new  stage  in the  process  of 
creating  an  ever  closer  union  among  the 
peoples  of  Europe,  in  which  decisions  are 
taken  as  openly  as  possible  and  as  closely 
as possible to the citizen. 

The Treaty also states that the Council, when 
acting  in  its  legislative  capacity,  is  under  an 
obligation to  make votes  and explanations  of 
vote public. 

A  user's  guide  available  in  print  and  on  the 
World  Wide  Web  sets  out  the  practical 
details  of  the  current  Commission's  access 
policy  (http://europa.eu.int/en/comm/accdoc/ 

contents.html). 

3.  An  active  information  dissemination 
policy 

All EU institutions  maintain a family  of WWW 
sites  accessible  through  one  single  gateway 
(http://europa.eu.int)  and  offering  a 
large 
amount of information. 

the 

framework  of  PRINCE, 

the 
Within 
information  programme 
for  the  European 
citizen,  three  "Priority  Information  Actions" 
have been launched : 

• 

• 

the  "Building  Europe  Together"  web  site 
(http://europa.eu.int/en/comm/dg10/build/ 
build.htm)  provides  thematic  information 
the  European 
on 
integration; 

the  challenges  of 

http://europa.eu.int/euro/  is the  European 
Commission's 
internet  site  dedicated 
exclusively to the euro 

*  a  Dialogue  with  citizens  and  business  is 
maintained  at  http://citizens.eu.int/.  This 
initiative  is  a  follow  up  to  the  Citizens 
First initiative. 

is 

three 

The  Office  for  Official  Publications  of  the 
European  Communities  (EUR-OP) 
the 
official  publisher  of  the  institutions  of  the 
principal 
European  Union.  The 
functions  of  EUR-OP  are  editing,  technical 
and  administrative  support  and  distribution. 
EUR-OP, with a number of representatives  of 
European  publishing  houses,  has  created  a 
EU  -  Publishers  Forum.  Acting  on  behalf  of 
all the institutions.  EUR-OP  is to give  access 
to data  currently  available  on  databases  and 
is 
use 
unpublished  EU  material.  EUR-OP  has 
always  recommended  to  the  institutions  to 
follow  the  1989  Synergy  Guidelines  of  the 
Commission.  The  conditions  to  which  the 
dissemination  is  subject  to  vary  with  the 

encourage 

publishers 

to 

to 

in 

that 

respect. 
should  be 
recalled 
the 
Furthermore,  on  25  June  1998, 
the 
the  Council  and 
of 
Presidency 
Commission  have  signed 
the  UN/ECE 
Convention  on  access  to  information,  public 
participation  in  decision-making  and  access 
environmental  matters. 
to 

justice 

in 

for  a  period  of 

value-added  attached  to  the  information.  For 
instance,  EUR-Lex  (http://europa.eu.int/eur-
lex/)  displays  free  of  charge  the  Official 
Journal 
forty-five  days 
following  publication  and  is  updated  daily  in 
11  languages  with  the  latest  editions  of  the 
Official  Journal,  which  are  available  on  the 
Internet  a  few  hours  after  the  paper  version 
is published. 

(http://europa.eu.int/celex/) 
computerised 

CELEX 
is  a 
inter 
subscription-based 
institutional  documentation  system  for  Union 
law  containing  the  whole  body  of  European 
Union  law  : a flat  fee  subscription  to  CELEX 
is  available  offering  unlimited  consumption 
for ECU 960/year. 

4.  Background  initiatives  to  the  Green 
Paper 

in 

the 

the  context  of 

The  potential  importance  of  public  sector 
information  as  a  resource  first  attracted  the 
Commission's  attention  in  the  mid  1980s, 
when, 
IMPACT 
for  creating  a  Community 
programme 
information  market  and  in  response  to  a 
need perceived  by the information  industry, it 
started  a  consultation  process  with  public 
and  private  sector  information  providers'  and 
users'  representatives.  In  addition,  studies 
were carried out with respect to these issues. 
Furthermore,  the  Commission  organised  a 
number  of  preparatory  discussions  with  the 
help  of  the  Legal  Advisory  Board  (for  more 
information  see  the  LAB  Home  Page on  the 
European  Commission  WWW  server 
l*M 
EUROPE 
address: 
http://www2.echo.lu/legal/en/labhome.html). 

the 

at 

for 

Information 

These  initiatives  resulted  in  a  set  of  19 
guidelines 
the  Synergy 
'Improving 
between  the  Public  and  Private  Sectors  in 
However, 
the 
subsequent studies  proved that the impact of 
these guidelines  was  rather  disappointing.  In 
most  Member  States  the  guidelines  seem  to 
have had little, if anyf  impact. 

Market'. 

The  Commission  organised  a  meeting  in 
Stockholm  on  June  27  and  28,  1996,  at 
large  number  of  participants 
which  a 
this 
issues  related 
discussed  various 
Green  Paper.  Participants  expressed  their 
consensus  on  the  actions  undertaken  so  far 
(the proceedings are available on request). 

to 

The  first  legislative  initiative  in  this  area  was 
the  adoption  of  Directive  90/313/EEC  of  23 
June  1990  on  the  freedom  of  access  to 
information  on the  environment,  providing  all 
legal  and  natural  persons  with  a  right  of 
access 
the 
environment  held  by  public  authorities. 
Further actions have been taken  by the EU in 
the  environment  field.  In  particular  the  work 
done  by  the  European  Environment  Agency 

information 

concerning 

to 

27 

Annexe 3: Current situation in the US: the legal framework 

if 

the  private  sector 

as  an  incentive  for  profit  making.  On  the  other 
hand, 
to  make  a 
commercially  viable  product  or  service,  it should 
be  able  to  add  value  beyond  that  added  by  the 
public  sector  and  sell  it at  a  profit  making  price. 
There is no copyright on government  information 
at federal level. 

is 

In  the  US,  the  most  important  reference  to 
competition  related  issues  is  made  in  the 
reduction  Act,  Section 
4.1.1995  Paperwork 
3506, 
agency 
responsibilities.  It stipulates that: 

dealing 

federal 

with 

"each  agency  shall  ensure  that  the  public  has 
timely  and  equitable  access  to  the  agency's 
public information..." 

but  also  indicates  that  it  should  not,  except 
where specifically  authorised by statute: 

"A)  establish  an  exclusive,  restricted,  or  other 
distribution  arrangement 
interferes  with 
timely  and  equitable  availability  of  public 
information to the public; 

that 

B)  restrict  or  regulate 
redissemination  of  public 
public; 

the  use,  resale,  or 
information  by  the 

C)  charge 
redissemination of public information; or 

fees  or 

royalties 

for 

resale  or 

D) establish  user fees  for  public  information  that 
exceed the cost of dissemination". 

The  United  States  have  a  long  experience  of 
active  public  sector  information  policy.  In 
1966  the  Freedom  of  Information  Act  (FOIA) 
was  enacted.  The  FOIA  was  amended  in  1996 
by  the  Electronic  Freedom  of  Information  Act 
(EFOIA)  which  guarantees  public  access  to 
federal 
information 
electronically. 

government 

Information 

Government 
Locator  Services 
(GILS)  have  been set  up with  a view to  ensuring 
access  to  federal  information  by  identifying 
resources  relevant 
the 
information  available  and  assisting  in  assuring 
access (see http://www.gils.net/). 

to  users,  describing 

Through a number of acts additional to the FOIA 
(like  the  Paperwork  Reduction  Act  and  the 
Government  in  the  Sunshine  Act  and  detailed 
policy  documents  such  as 
the  Office  of 
Management  and  Budget  circular  A130)  -  the 
US has strongly  encouraged the private sector 
to 
information 
commercially. 

exploit 

sector 

public 

The  1986  Uniform  Freedom  of  Information  Act 
Fee  Schedule  and  Guidelines  issued  by  the 
Office  of  Management  and  Budget  (OMB)  deals 
amongst  others  with  pricing  issues.  It contains 
for  search, 
provisions  essentially  charging 
duplication  and  (possibly)  review  costs  but  not 
for  the  value  added  by  the  public  sector  to  the 
raw data. The US pricing philosophy  is that the 
public sector should see the adding of value only 
as a tool for its own efficiency  purposes, and not 

28 

ISSN 0254-1475 

COM(98) 585  final 

DOCUMENTS 

EN 

15  16  06  01 

Catalogue number  :  CB-CO-99-021-EN-C 

Office  for  Official  Publications of the European  Communities 

L-2985 Luxembourg