Opinion of the Committee of the Regions on 'Public sector information: a key resource for Europe - A Commission Green Paper on public sector information in the information society'
Date: 1999-11-17
Institutions: European Committee of the Regions
Subjects: dissemination of information, information policy, public sector

29.2.2000

EN

Official Journal of the European Communities

C 57/11

Opinion of the Committee of the Regions on ‘Public sector information: a key resource for
Europe — A Commission Green Paper on public sector information in the information society’

(2000/C 57/03)

THE COMMITTEE OF THE REGIONS,

having regard to Public sector information: a key resource for Europe — a Commission Green Paper on
public sector information in the information society (COM(1998) 585 final);

having regard to the decision taken by the Commission on 25 January 1999, under the first paragraph of
Article 198c of the Treaty establishing the European Community, to consult the Committee of the
Regions on the matter;

having regard to the decision taken by its Bureau on 15 July 1998, to direct Commission 3 —
Trans-European Networks, Transport, and Information Society — to draw up the relevant opinion;

having regard to the draft opinion (CdR 190/99 rev. 2) adopted by Commission 3 on 24 September
1999 (rapporteur: Lord Hanningfield (UK, EPP)),

adopted the following opinion at its 31st plenary session on 17 and 18 November 1999 (meeting of
17 November).

1.

Introduction

Local and regional authorities are amongst the largest
1.1.
collectors, holders and providers of information. Much of this
information is provided by the public and a great deal is
already available to the public through a variety of communica-
tion media. In recent years, the rapid growth and development
of the Internet has meant that local and regional authorities
have been able to provide even greater access to the informa-
tion they hold.

1.2. We welcome the Commission’s initiative to seek views
on public sector information as it is a valuable resource which
could be better utilised both by the public and others. There
are however, considerable differences between the Member
States as regards the different cultural and administrative
traditions in collecting and organising information, and there
are further differences both between and within local and
regional authorities. Bearing in mind these various differences
the COR feels that one should approach the issue of public
sector information cautiously,
in order that any proposals
which are made are going to be beneficial to the citizen.

information should be addressed. Whilst

channels would be for providing that information and to
whom that
the
technology now exists to facilitate global access, this does not
mean that public bodies, including local or regional authorities
should provide information, if there is no clear demand for
such information. The principles need to be balanced against
the practicalities and the reality of demand.

1.4. Many of the issues raised in the Green Paper relate to
the levels of transparency of public sector processes and
accessibility of
information held by public sector bodies,
including local and regional governments. As a principle the
COR supports the right of European citizens to have access to
the information which they need for their daily lives. We
recognise however that ‘freedom of information’ legislation
varies from Member State to Member State and we should be
careful to respect the positions of the individual Member
States.

2. General observations

1.3.
The COR is confident that a great deal of public
information provided by local and regional governments is
used within that particular region or locality, and the Commis-
sion may want to reflect on what the most appropriate

2.1.
Given the type of information which local and regional
authorities collect, privacy for the individual and personal data
protection is paramount and must continue to be so. A
balanced scheme would be required under any moves to
increase access to public sector information, particularly where
local and regional authorities are involved.

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2.2.
Some public sector information has considerable com-
mercial value and any expansion of information provision
should allow local and regional authorities to be able to benefit
from the commercial provision of this information. This type
of information is unlikely to be of value or interest to the
individual citizen but if local and regional authorities were able
to sell it, this would help to reduce the burden of taxation on
the individual.

further definitions however, the key issue is that it is informa-
tion which is for public use.
In the case of democratic
information we are dealing not with freedom of information
issues but with ‘vital’ public information which citizens should
know — such as what laws govern their country, region or
locality.

3. Question One

Which definition of public sector information is the most appropriate?

3.1.
There are enormous difficulties in defining ‘public
sector information’. This stems in part from the problems of
identifying the public sector itself. The development of local
and regional authorities working in partnership with the
private sector,
the ability and functions of quasi-non-
governmental bodies and so on has meant the dividing line
between the public and private sector has become blurred.
Services are increasingly contracted out yet the role of a private
contractor today would have been considered part of the
public sector in the past.

3.2.
For this reason the COR feels that the emphasis should
be on looking at information which can be provided for public
consumption — ‘public information’. There are a number of
categories which can be defined:

— Information relating to laws and regulations within a
locality or region, ‘citizenship’ or ‘democratic’ information.
These are basic statutes which all citizens should have the
right to know about.

3.4.
It should be noted though that regional and local
authorities also hold information which may have been
gathered by a third party, possibly a commercial entity. The
status of this information may be different from information
gathered directly by the local or regional authority and as such
may be subject
to certain constraints such as licensing
restrictions.

3.5.
Once one has identified what constitutes public infor-
mation the next issue is to examine the balance regarding the
type of information which local and regional authorities are
actually able to provide. In considering the release of any
information into the public domain a balance needs to be
struck between:

— the public’s right of access to information (as per ‘democra-

tic’ information);

— the citizen’s right to privacy; and

— the need for confidentiality where disclosure would be

against the public interest.

— the cost of making information available should be

commensurate with the need for the information

— Information which relates to the consumption of services
provided by local or regional authorities which have been
provided as part of the public sector, for example when
swimming pools are open for public use. This category
could be defined as ‘consumer’ information.

3.6.
The balance between these criteria varies between
Member States and so there will be some difficulties in
attempting to address this issue on a pan-European level. What
is needed is to identify what information it is that the public
need to lead their daily lives.

— A final classification would be ‘commercial’ information.
Local and regional authorities often hold information
which has commercial value.

3.3.
Information gathered under statute or by local or
regional authorities in the course of their activities would be
an alternative and further definition of identifying ‘public
information.’ And if one was creative one could identify yet

3.7. We think that it is important that the Commission be
clear on the types of information which the public actually
requires and would recommend that if work has not been
undertaken in this field it should be done as soon as possible.
The COR would be happy to work with the Commission to
take this project forward. There is little use in developing
legislation which will lead to more widespread access to public
information but at significant cost and when there is limited
public demand.

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4. Question Two

5. Question Three

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

4.1.
There are a wide variety of different legal structures in
each of the Member States. These will impact on the levels of
access which might be possible on a pan-European level but
the issue should not be particularly significant within a Member
State. The experience of local and regional government is
that most information which these authorities provide is used
within that particular region or locality and therefore the large
majority of these ‘local’ users of information would be bound
by the same legislation.

4.2.
There are variations in the practice and supply of
information between and within local and regional authorities.
On this issue though, the COR could work with the Commis-
sion to develop a best practice approach to encourage high
levels of public information dissemination by local and
regional authorities.

4.3.
In terms of the private sector purchasing information,
where local or regional authorities are engaged in the sale of
such public information, it is our experience that commercial
entities are generally prepared to pay market rates, whatever
those might be within that particular Member State, region or
locality.

4.4.
It should be noted that, a number of specific sources
of local government information are subject to their own
access laws. The nature and type of access law varies between
local and regional
Member States and between types of
authority. Therefore in attempting to move towards common
access regimes considerable efforts should be made to look at
the different access regimes in the different Member States.

4.5.
Further, on the establishing of commonality of access
it should be noted that local and regional authorities across
the Member States collect and present data in a variety of
different formats. Any moves towards standardising access
conditions for information might lead to considerable costs
being incurred by local and regional authorities.

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?

5.1.
Increased availability of meta-data would assist the
public with finding information. Often information does exist
but the public do not know where to acquire that information.
The COR would hope that it would be possible to work with
the Commission to develop a scheme in which some common
standards could be developed for regional and local authorities,
to facilitate searches for specific information.

5.2.
The COR notes the growing sophistication of technolo-
gy and internet search engines is improving the ability of
citizens to locate information.

5.3. Moves towards directories of information would be
useful but there would be difficulties in creating standard
directories, as regards local and regional government because
different types of sub-national government have difference
responsibilities and hence keep different types of information.
There is no standard unit of sub-national government in the
European Union. Flexibility and best practice will be the key
to unlocking public information held by local and regional
governments.

6. Question Four

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

The COR would support the principle that certain
6.1.
types of public information should be freely available — for
example ‘citizenship/democratic’
In providing
any information though a local or regional authority will incur
certain operating costs and depending on the method of
information provision there may need to be certain nominal
charges to the end user to cover the costs of providing this
information.

information.

6.2.
The cost of information provision can be considerable
and levels of development in information technology vary
considerably between Member States and between local and
regional authorities.

4.6.
As regards finding solutions it may well be the case
that given the diversity of systems operating across Member
States, the common factor will need to be equality of access
for all within a Member State because imposition of standard
pan-European structures could prove costly.

6.3.
The COR would welcome moves by the Commission
which would not inhibit local and regional authorities being
able to provide information to private commercial interests.
The funds raised from this sale of information can be used to
reduce the taxation pressure on citizens.

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6.4.
There would need to be flexibility within any future
legislation because the value of different types of information
will vary between and within Member States.

competition since it is possible the local/regional authority will
be in a monopoly position. An ability to provide certain,
information at commercial rates would
defined types of
encourage innovation in local and regional authorities.

6.5.
Any information which a local or regional authority
does provide however, must have regard to data protection
legislation and the need to protect the privacy of individuals.
Given this requirement there are further costs which might be
associated with the provision of information and which may
need to be taken into account when providing information.

Local and Regional Government should look at the
7.3.
impact on the private sector, should a charging regime be
introduced. The issue of charging will be a specific issue for
the pilot scheme proposed in the recommendations of this
opinion

6.6.
As regards pricing concepts generally, there are unlike-
ly to be differences in opportunity for either individual citizens
or businesses, as long as pricing schemes apply equally within
a Member State we would not see this as a problem.

8. Question Six

6.7.
There are however, differences between the EU member
states regarding the ability of regional and local authorities to
undertake this kind of information trading. As a consequence
one would expect differences of opportunity for citizens and
business between Member States but common approaches
within Member States.

The key point though is, as long as national, regional
6.8.
or local legislation for citizens and businesses is applied equally
there should not be problems for the pricing of information.
It is unrealistic to consider a common EU pricing regime at
this point in time.

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

Copyright legislation varies between the member states
8.1.
and would need to be carefully considered in approaching an
opening up of public information provision. However, a
number of EU led initiatives have helped to harmonise
standards. The issue of copyright itself is not a direct barrier to
the exploitation of information — licensing and other similar
forms of legislation allow information to be available on a
widespread basis.

7. Question Five

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

7.1.
There are considerable differences between the various
Member States about the opportunity which local or regional
authorities have to trade. In the case of the UK any form of
‘sale’ of information would most probably take place through
an intermediary. There are of course concerns that given the
nature and scope of regional and local authorities in collecting
data that if they were working with the private sector one
could see the development of private sector monopolies in a
limited range of fields.

9. Question Seven

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

9.1.
Data protection laws in the EU Member States are well
developed and in general apply to information held within the
public sector, including local and regional authorities. The COR
would support data protection initiatives and the protection of
information concerning the individual, particularly given the
sensitivity of some of the information which local and regional
authorities are obliged to collect. In 1998 in the UK, eight
basic principles were drawn up setting standards for the
disclosure of personal data. Similar principles should also be
developed across Europe to give citizens confidence about
how information is being used.

7.2. Where local and regional government is in a situation
to exploit the information which it holds, it must avoid unfair

9.2. When privacy considerations need to be waived when
a public body needs to act in the public interest this must be
done with great care and following strict procedures for the
release of personal information.

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10. Question Eight

12. Conclusions

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

10.1.
There are variations in liability regimes but the COR
does not view these differences as a major obstacle in the
provision of access to public information for those wishing to
access it. Standards of quality of information are important,
but given that legislation governing liability exists already
within the Member States this should not create any significant
difficulties within a Member State.

10.2.
There may however be some difficulties concerning
cross-border liability and the fact that liability regimes vary
between Member States and this may constitute a barrier to
access of public information, as liability rules may not apply
in an offending bodies home country. This may encourage
firms accessing information to locate where liability laws are
more lax. It would therefore seem logical that some greater
co-ordination of Member States legislation is needed with
regard to penalties for the misuse of public sector information
by third parties.

11. Question Nine

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

The EU institutions policies are generally useful and
11.1.
clearly moving in the right direction as regards information
provision and dissemination. There is however a lack of
linkage between the EU, Member States and in particular local
and regional authorities. Development of a more integrated
information system would be welcome and is an ambition
which, thanks to technology is something which is increasingly
straightforward to achieve. It might also be possible that
regional and local authorities could play a greater role in
the European
providing information to the public about
Union, as they are the tier of government closest to the
individual citizen and ‘best practice’ should be encouraged in
disseminating information.

12.1.
There are many principles in terms of access and
provision of public information which the COR would sup-
port. There are also however practical issues regarding delivery
of information and costs which are a major consideration
which would need to be addressed in making proposals about
expanding access to public sector information. The principle
of increasing public access should not lead to the imposition
of excessive administrative or economic burdens on local or
regional authorities.

12.2.
The COR is also concerned that within this field,
moves to introduce binding legislation might be impractical
and cause some local and regional authorities difficulty. This
would also mitigate against the principle of subsidiarity and
local and regional authorities should be empowered to deliver
information to the public in their region or locality that those
people wish to receive.

12.3.
In looking at the access to public sector information
we must begin by looking at what information the consumer/-
citizen requires. There is little point in establishing a cumberso-
me and bureaucratic system if there is limited demand for
accessing the information.

12.4.
It would be possible to develop legislation at a
European level on the issues discussed in the Green Paper but
there are other ways of achieving greater access to public
sector information, which would yield higher levels of access
than legislation which might only be pitched, necessarily at a
‘lowest common denominator’ level. In particular the COR
would support moves towards a wide ranging scheme of
developing ‘best practice’ in the provision of public sector. The
COR would welcome the opportunity to work with the
Commission to look at ways in which this could be made a
reality.

12.5.
Access to information is improving all the time, with
increased levels of private access to the Internet but there are
still difficulties concerning those who do not have this kind of
access and how public information might be made available
to those people without computer facilities.

11.2
Navigation and search facilities can always be impro-
ved. Many of the internal search engines are based on free text
searches rather than being indexed and this can often lead to
variable quality in terms of search results which yield various
quality levels.

12.6.
The speed of change within the information and
communications industry will mean that the Commission will
have to revisit the issue of public information regularly to
ensure that it is keeping abreast of legislative and technological
advances. The COR looks forward to playing a full and positive
role in these future discussions.

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13. Recommendations

13.1.
The COR feels that the Commission should consult
further and directly via the COR with local and regional
authorities to discuss the role of sub-national government in
the provision of public sector information. We would propose
that a number of ‘pilot’
local and regional authorities be
selected from across the Member States to form a task-force to
examine and report
to the Commission on firstly, how
principles of access could be translated into reality, and
secondly whether it would be possible to achieve greater
commonality in information provision.

13.2.
The COR feels that given the major role which local
and regional governments play with regard to public sector
information, any proposals which the Commission does
intend to bring forward to promote public access to public
information, should involve the COR as early as possible in
that legislative programme.

13.3.
The dissemination of best practice in delivering public
information is vital. The COR would welcome any further
initiatives by the Commission which would enable local and
regional authorities to ensure that citizens are better informed.

13.4.
The COR would support moves towards a more
coherent information structure within Member States so that

Brussels, 17 November 1999.

there is great communication dialogue between local, regional
and national tiers of government. The COR would wish to see
the encouragement of schemes in which local web-masters are
able to input information, to ensure that information provided
by the public sector, at whichever tier of government would
be both current and relevant.

The Committee of the Regions hopes that after the
13.5.
pilot authorities have reported, that the Commission will draw
up some general guidelines on the provision of public sector
information.

13.6.
The Commission should also make efforts to support
more effective information transfer between different admini-
strative levels including regional and local authorities.

13.7.
There is a growing need, given the increasing delivery
of information through electronic media, to ensure that the
public are trained and educated to be able to access the
information they require to live their daily lives. The COR
would propose that the Commission continue to stress to the
governments of the Member States, the importance of the
education of the public on the use of technology which allows
access to information and which ultimately empowers the
citizen.

The President

of the Committee of the Regions

Manfred DAMMEYER