Source: EURLEX
Language: en
Format: md

**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 **I** Y

**•>•** **i -**

(presented by the Commission)

**TABLE OF CONTENTS**

**Introduction:** **The issue** **1**

**Chapter** **I:** **Why is public sector information a key resource for Europe?** **3**

1.1 Importance of access for European citizens 3

1.2 Public sector information: Opportunities for economic growth and employment 5

**Chapter** **II:** **The Information Society and the public sector** **8**

11.1 Electronic Government 8

11.2 Electronic Government and public sector information 9

11.3 Electronic access for all? 10

**Chapter** **III:** **Issues linked to access and exploitation of public sector information** **11**

111.1 Definitions 11

111.2 Conditions for access to public sector information 11

111.3 Practical tools for facilitating access 12

111.4 Pricing issues 13

111.5 Competition issues 15

111.6 Copyright issues 15

111.7 Privacy issues 16

111.8 Liability issues 16

111.9 EU information 17

**Concluding remarks** **18**

**List of** **q** **uestions** **19**

**Annexe 1:** **Current situation in Member States regarding legislation and policy**
**on access to public sector information.** **20**

**Annexe 2:** **European Commission action relating to public sector information**
**The background to this Green Paper** **26**

**Annexe 3:** **Current situation in the US: the legal framework** **28**

_**A*-**_

**iThe** **issue'** **^Sb** [iftft'-sSr ]

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

2. Public information in Europe is often
fragmented and dispersed and so in many
instances it is less clear than intended. This
situation is mainly due to differing national
legislation [2] 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 information, but that the
information which is already available to the
public should be clearer and more accessible to
potential users.

3. The ready availability of public information is
an absolute prerequisite for the competitiveness
of European industry. In this respect, EU
companies are at a serious competitive
disadvantage compared to their American
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.

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

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.

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 ]

7. This topic is also important for the
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
access to public sector information will
contribute to this process.

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 is 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 results of an extensive preliminary
consultation process that started in June 1996
and has involved representatives from the
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.

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.

10. Some issues may require 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 'Towards the Accessibility of
Government Information' and the French Action Programme
"Preparing France's entry into the Information Society"

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 1 [s] '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](mailto: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](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 for** **-"European**
**citizens**

**[Takirfg** **advantage of** **EC Tig hts**

12. The EC Treaty has conferred a number of
fundamental freedoms on EU citizens. There
are, however, **considerable** **practical**
**difficulties** that can prevent people from
exercising those rights. These difficulties result
primarily from **a lack of transparency for**
**citizens, employers and administrations at all**

**levels.** ^

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.

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

15. Access to public sector information is
**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
being made at European level to improve
information flows, thus enhancing mobility
perspectives for individual **workers** within the
European Union.

^ 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
by the market oriented MLIS programme: multiannual
programme to promote the linguistic diversity of the
Community in the Information Society, O.J. N° L306,
28.11.1996, p. 40.

**19.** **A Citizens' Europe** will only come about if
citizens are to participate effectively in the
building of the European Union. Such
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.

_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_
_skills_ _they_ _need_ _Europe-wide._
_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 importing right-hand drive
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 in an effort to encourage greater
awareness of the opportunities offered by the
Single Market. A better access to public sector
information is extremely important in this
respect.

**Participation**

**process**

**in-!the"** **European-'** **integration**

_In the last elections of the European Parliament the_
_lack_ _of_ _information_ _on new_ _election rights_ _of_
_European_ _citizens_ _had a_ _negative influence:_
_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.

21. To enhance the transparency of EU-action
for European citizens, the Treaty of Amsterdam
has firmly anchored their right to access
documents of the European Parliament, Council

and Commission in the EC Treaty. [11] The
provisions are particularly important 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

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

9 See the Second report of the European Commission on
Citizenship of the Union, COM/97/230 final.

1 0 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.
2. General principles and limits on grounds of public or

private interest governing this 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.

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.

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%),_ _issues that_ _are all_
_absolute_ _priorities for the European Union_

_Source : Euro barometer_ _n° 49,September_ _1998._

**Fig.1 :Desire** **to know more**
**about the EU**

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      - % Happy with present knowledge

_Source_ _:_ _Eurobarometer_ _49,_ _1998_

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 information with an interest for non
nationals more accessible to them.

**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,_
_66% of firms identified their need for precise_
_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_

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

28. But also information of a **non-**
**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 to such information helps
businesses to make informed choices. A lack of
information may considerably delay decisions on
transborder operations.

29. The relevant business information
throughout Europe as collected by 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).

_**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_
_Europe_ _without_ _barriers_ _due_ _to_ _differing_
_technologies,_ _languages,_ _registration_ _systems,_
_networks etc_

_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](http://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 linked to the collection of national
statistics (differing national methodologies,
deadlines for submission to Eurostat, quality of
indicators, decrease burden for SMEs, ...) than
to the issue of access per se.

31. The absence of accessible public sector
information may **create** **a** **competitive**
**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.

32. It also has a negative effect on companies
that, by their nature, have a transnational
vocation. International 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.

33. Both administrative and non-administrative
information are also relevant for **public**
**procurement** **[12]** **.** 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
transparency of the information leads to

1 2 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 site at the address
[http://europa.eu.int/comm/dg15/en/publproc/](http://europa.eu.int/comm/dg15/en/publproc/)

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_ _information_ _(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_ _that_ _is_ _publicly_ _accessible._
_[http://www. european-patent-office.](http://www)_ _org/_

35. The conclusion that **access to public**
**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 the European market in
telecommunications and data services, and to
increase freedom of access to government and
other state owned data'.

**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 information services in the EU

information market consists of services in areas
where the public sector holds very important

resources.

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.).

1 3 'Managing change', High level group on economic and
social implications of 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.

_Source : MS Study of the markets for electronic_
_information_ _services in the_ _EEA,_ _1994_
_(Total revenues_ _in 1994 :_ _5517_ _MECU)_

38. Public sector information is therefore a
**prime information content,** essential to the
information industry and a key enabler for

electronic commerce applications^.

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** **21** **[st]** **century.**

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

41. Better **possibilities for the exploitation of**
**public** **sector** **information** **could** **partly**
**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.

1 4 For a further analysis on recent trends and critical roles of
content and the content industry within 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/](http://http.//www2.echo.lu/condrinet/)

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

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

Travel,
Legal
tourism
information.

4%

STM

6%

Further

business

8% Gvt./political

information

15%

Patent

information

1%

Finance

34%

Company

profiles

24%

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.

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 finds itself in a 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.

_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)._
_They are amongst others specialised in legal_
_information._

44. Pilot projects within the European INFO2000
programme [16] 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 1998, in the framework_ _of the INFO2000_
_programme,_ _the European Commission invited_
_proposals for 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 the 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._

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

1 6 INFO2000 programme (Council decision of 20 May 1996,
O.J. N° L 129, 30.5.1996, p. 24)

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 information, launching commercial
information products onto a hitherto private
information market, the issue of **fair**
**competition** may be raised.

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

**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
Communication Technologies are quickly
changing the ways public sector bodies operate.
which makes a **timely debate on public sector**
**information** all the more important.

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 application of Information and
Communication Technologies (ICT) in the public
sector.

49. The importance of this development 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 the functioning of public services
concerned and to extend their interaction with

the outside world.

50. Indeed, the use of Information and
Communication Technologies does not only
smoothen public administration internal
operations, but also strongly supports the
communication between 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 enhance the
progress in this field.

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

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

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

**Transaction services** to acquire products or
services on line or to submit data (e.g.
government forms, voting).

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

**Table 1**

**A typology of Electronic Government services**

**Information services** **Communication services Transaction services**

**Everyday life**

**Tele-administration**

**Political participation**

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

Public service directory

Guide to administrative
procedures

Public registers and
databases

Laws, parliamentary
papers, political
programmes, consultation
documents

Background information in
decision making processes

Discussion for a dedicated
to questions of everyday
life;

Jobs or housing bulletin
boards

e-mail contact with public
servants

Discussion for a dedicated
to political issues

e-mail contact with
politicians

e.g. ticket reservation,
course registration

electronic submission of

forms

referenda

elections

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)._

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 regarded by 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
with government can considerably lower the
administrative burden for citizens and

businesses alike.

_The TESS (Telematics for Social Security) project,_
_funded_ _under the IDA programme,_ _aims at_
_simplifying_ _and_ _accelerating_ _administrative_
_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' leads to a public service that
performs better and is closer to the citizens.

54. The EU is itself involved in considerable
reengineering efforts to benefit from 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
within the Fifth Framework Programme for
Research and Development. Legal barriers at
EU level have to be solved to turn these
transactions into reality.

55. One aspect of Electronic Government that is
often forgotten is its potential **impact on the**
**information** **market.** By applying 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 job opportunities in the
Information Society [17] 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 ICTindustries to explore new pathways.

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

56. The use of new technologies can
considerably increase the efficiency of the
**collection of information.** It gives public bodies
the possibility to share available information
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.

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

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
Commission documents were consulted
electronically, more than double the number of
consultations of September 1997.

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** **its exploitation.** A better access to
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.

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

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** all?j

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

65. Dissemination of public sector information
on the Internet does not automatically imply that
all citizens have an equal access to it.
Substantial differences exist in access to the
tools of the Information Society
(computers/modems etc.) and the ability to use
them. In this context the Report on job
opportunities in the Information Society [18 ]

stresses that the access to such tools and the
skills to use them are prerequisites for job
creation and need to be prioritised.

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

_Infocid_

_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_
_on the public_ _sector._ _The global, integrated_
_multimedia_ _Infocid_ _system,_ _gives_ _access_ _to_
_government information on a wide range of subjects_
_like employment and training, education, the Law_
_and_ _Courts,_ _housing etc._

_httpJIwww._ _[infocid.pt/](http://infocid.pt/)_

67. In addition this point stresses the importance
of **investment** **in** **Information** **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.

_**EUN- The European Schoolnet**_

_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_ _information_ _network -_ _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.](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
public sector to provide better information
services and for the information industry to
create more value-added information products
and services.

10

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

69. The access to public sector information as
well as the commercial exploitation of 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 to public sector
information three possible approaches appear to

emerge:

- **The functional approach,** in which the
public sector includes those bodies with
state authority or public service tasks [19] .

- **The legalist/institutional approach:** only
bodies that are explicitly listed in the
relevant law(s) . have a public sector
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

^ Directive 90/313/EEC on the freedom of access to
environment information excludes from the definition of
public sector, bodies acting in a judicial or 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 to information concerning the
environment as provided for by this Directive, which will
possibly be reviewed in 1999, nor the relevant "acquis
communautaire".

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** (like laws, court cases,
Parliamentary information) and information that
**does not have such a fundamental character.**

75. Another possible distinction draws a line
between information that is **relevant for a**
**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.** It should be noted that both

administrative and non-administrative

information can have a considerable market

value.

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 s the most
appropriate in your view?

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
access to public sector information. In this
regard different Member States and the EU
apply different rules and have different practices.

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

**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**

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

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.

2 0 See footnote 19, p 11

85. National access laws vary as to the
deadlines set for the public sector to respond to
an access request. The French law gives a 2
month deadline, while the Swedish 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.

_**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 interest, exemptions, time, format,
quantity?

What solutions can be envisaged?

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.

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
different public sector bodies of the same

**Fig.3 : Unit Price for information on business in**

**different countries**
_(Source : Dun & Bradstreet Europe,_ _1998_

UK ' - - ' 'I

**•**

S **•** **1**

**1**

F **1**

**1**

**D** **~„..-.v** **|**

### A •™ " "'

Dk 1 . . -,, |

###### P •"•"-"'

**I** «*i#&.SlS«W W * H&^W [6] !**^   - W # ^ |

**NL** ^k, ^ v C-W < * _pm_ *, *j -/** >W (•••, 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_
_(which can be charged for)._ _Furthermore it_
_distinguishes between types of information and types_
_of use._

_The UK guidelines 1985 DTI guidelines favour a_
_market approach: "Where an established market_
_exists for Government-held tradable 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"._

_The_ _1989_ _**European**_ _**Commission**_ _**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**

Vs*&sf<*»!.w/"v$^?*$p1&$$-'* ..-->-»-» ^ _< > <_ .*.-«*** »<-, «$Wim#tf-. _**-m&»x8m>~h\_

**™**
**1** **1** **i**
0 2 4 6

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

**i**
6 8 EURO 1

in the next

I Registered data 0 Financial Statements

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.

2 1 BDO Consultants, Electronische bestanden van het
bestuur, 1998

**fair competition** (treated
paragraph)

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_

94. Pricing conditions are in the first place
important in the discussion on **access.** Public
information is produced at 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
considered to be "essential" in view of the
exercise of democratic rights by citizens. In
principle, such public sector information is
provided for free.

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

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.

_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_
_national mapping agency, tried to charge the_
_organisation more than £365.000 for digital mapping_
_base-data of the country._

**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?

**14**

## _msm_

98. Public sector bodies have cost structures
which may differ from those of private
businesses. In certain circumstances, it 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.

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 semiprivate or private sector bodies. Unfair
competition situations may also result from
information being released at different speeds to
different parties.

_**National legislation**_

100. All Member States' enforce some general
competition rules. Some legislation specifically
deals with competition issues in respect of
commercialisation of public sector information.
The UK guidelines state that government
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. EU competition rules are determined by
articles 85-94 of the EC Treaty. Several
competition issues in this field are interrelated:

- 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] ;

- Monopolies [25] .

102. In the context of the State aid rules,
public information providers may be, undercertain circumstances, in competition with the
private sector. Public financing could then
constitute a state aid [26] that could benefit from
certain derogations [27] . Article 6 of the EC Treaty

22

article 92

23

article 86

24

article 85

25

article 90

26

within the meaning of Article 92(1)

27

not only under Articles 92(2) and 92(3) (categories
of aid that are or may be considered compatible with the

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

103. For competition policy purposes, a
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.

104. Competition is also an essential principle
of public procurement. It applies both to
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).

105. New technologies change fixed and
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
activities of public sector bodies on the
information market create unfair competition at
European level?

'I **II.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
exclusion also to this information material.
However, the extent to which copyright is granted
to these materials does not limit in itself access
by the public to the information.

common market), but also under Article 90(2) if 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*!

110. Part of the commercially 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.

111. On 24 October 1995 Directive
95/46/EC [28] 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
purpose limitation. In addition, national
supervisory authorities have an important role
and courts are expected to decide in cases of
dispute.

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

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

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

than statistical offices.

114. The emergence of the Information
society could pose new risks for the privacy of
the individual if public registers become
accessible in electronic format (in particular online and on the Internet) and in large quantities.

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

115. Clarity as to the liability issues may have
a positive impact on access to and the
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.

116. The issue becomes more complex when
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.

117. The more actors are involved, the more
difficult it becomes, in cases of conflict, to identify
the one who has defaulted or acted unlawfully.
Some commentators believe that coordinated
European approaches to this issue are
particularly important in view of the difficulty of
establishing which national law applies in cases
involving several countries [29] .

2 9 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 to bring coherence to the different
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.

16

**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**

118. As indicated in paragraph 1.1 and in
annexe 2 of this Green Paper, the EU is
developing policies to improve the access to its
information and the dissemination of this

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

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

**Question 9** :

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?

**17**

tdofJcludffi^Hipcs'. - •.•..:.•.".' - .v-:--. - •

120. The lack of transparency of public sector
information throughout Europe forms 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.

121. At the same time the European
information industry is faced with a plethora of
different laws and practices which the
Commission believes may be preventing them
from fully exploiting Europe's information
potential.

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

123. Such response could for example
address:

 - 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 and Training initiatives
enhancing the information management
capacities of administrations and individuals.

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?

**List of Questions .** **•'•"-'•**

**The following list recapitulates the questions raised in Chapter** I

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

9 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

There is constitutional law (1987/285) of
15.5.1987, which stipulates a general right
of access. This constitutes a minimum
framework: All officials at the federal,
regional or local level entrusted with
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 information sectors, for
example.

Belgium

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,
provide that administrative documents
thereby obtained may not be further
distributed or used for commercial ends.
There is no general law on
commercialisation of public sector
information. In the context of the civil
transparency law, access is given free of
charge or at marginal cost.
Commercialisation policies are pursued by
some government departments on the basis
of case-by-case contract relationships.
Public and private co-operations have been
established, for example in the vehicle
registration, statistics and geographic
information sector. In the latter sector,
however, there have also been cases of
litigation involving the relevant state body.

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 contain pointers to
brochures freely available to the public. The
brochures hold contact information and
additional information on the subjects and
the services involved. Furthermore, citizens
can obtain additional information via

Postbus 3000. Postbus 3000 is a service
provided by the Federal Information Service.

As of 24 March 1995, the Federal government
maintains an extensive Internet website in four
languages (Dutch, French, English and
German) at [http://belgium.fgov.be.](http://belgium.fgov.be) This
'umbrella website' contains pointers to all
Federal departments. A wide variety of
information is available, such as: general
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

A law is underway to replace two existing
freedom of information laws which give a
general right of access 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
mailing lists ; a standard about electronic
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.

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 the 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 the Danish market for
electronic information services is still relatively
small, most of the public sector information

**20**

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

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
is that new steps to create the open
information society are quickly done.

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,
listened to or otherwise understood by
means of technical devices". The law is
currently being revised and modernised. The
new law will promote the use of authorities'
information matter outside the

administration.

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

A 1995 report "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
monopoly bodies, or following a legal
requirement, provided at cost price and c)
others, provided at commercial price.

France

There is a general law on access to
administrative documents (part of a wider
law concerning relations between the
administrations and the public, 78753/17.7.1978, amended in 1979), which
excludes the possibility of reproducing,
disseminating or commercially exploiting the
documents concerned. Access "in situ" is
free of charge, while copying costs are

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.

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

In the Government action 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 initiative recognises that the
development of the networks has profoundly
changed the traditional distinction between
access to public information " and its
dissemination. Furthermore it stresses the fact
that the ability to access public sector
information sources is vital to the development
of the information market and thus the
information industry.

Germany

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 access laws. Commercialisation
practices have been developed by different
authorities separately. In some cases (e.g.
financial-commercial statistics) there are
examples of successful public/private sector cooperation while in others (e.g. company
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.

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**

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

and citizens.

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
holdings. This Act asserts the right of
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,
etc. used in decision making. Many
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.

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 standard hourly 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 rate being charged.
Commercialisation and public/private sector
co-operation occur mainly in the field of law
and statistics.

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 is to be made 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.

Italy

There is a general access law (241/7.8.1990),
although in many cases access depends on the
existence of a legal interest. There is no
general law or policy concerning
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

There is neither a general access law nor any
general rulings regarding commercial
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 cooperation. The tiny size of the market probably
discourages strictly national initiatives.

Netherlands

There is a Government Information Act
(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 information. Consequently,
administrative authorities set out their own

**22**

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

As a first step the Cabinet issued a
memorandum "Towards the accessibility of
government information, Policy framework
for increasing the accessibility of
government information through information
and communication technology" 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
constitutional state (legislation and
regulation, statements by the judiciary courts
and parliamentary information) should be
made accessible as much as possible since
this category of information is generally
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.

As a follow-up to the memorandum,
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

There is a general access to public sector
information law (65/26.8.1993), but no
general rules or policies 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 cooperation 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

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

interest in the requested information is required.
A royal decree has recently been adopted
regulating the use of electronic information
techniques by the central general
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 examples 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 nonexistent or unsuccessful.

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 is no obligation to make available
records for electronic data processing in any
form other print-outs.

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

In principle, this legislation also covers
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.

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

**23**

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

Government and municipal authorities are
organising their information resources so
that they can provide more information
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.

The Government IT Bill, passed by
Parliament in Spring 1996, outlines 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
whose work is primarily at dealing with
companies and individuals should offer
electronic services for self-service as a
complement to traditional services.

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

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

United Kingdom

There is no law giving a general right of
access to 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
for government departments to voluntarily
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 legislation which would go
significantly beyond the Code of Practice in it's
openness requirements.

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

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

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
and, because of recent changes, the
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
obligations, security and privacy, liability,
competition, non-exclusivity and nondiscrimination towards EC service providers.

The development of government executive
agencies run on cost recovery lines has
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.

There have been calls from the private sector
for liberalisation of the copyright licensing
regime in order to facilitate the non-exclusive
licensed reproduction by the private sector of
various types of information and 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

**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
exploited for the dissemination of public
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 to public information,
through the accelerated use of information
society tools and partnerships between the
public and private sector.

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

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 Society Forum (Vienna
Declaration of 13-11 -1998).

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

**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).

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 legal person residing or having its
registered office in a Member State, has a
right of access to documents of the
European institutions (Parliament, the
Council and the Commission), subject to
principles and conditions to be defined in
Council legislation and in the rules of
procedure of each institution, with a view to
the greatest possible openness. In terms of

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/](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](http://europa.eu.int)
amount of information.

Within the framework of PRINCE, the
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/](http://europa.eu.int/en/comm/dg10/build/)
build.htm) provides thematic information
on the challenges of the European
integration;

- [http://europa.eu.int/euro/ is the European](http://europa.eu.int/euro/)
Commission's internet site dedicated
exclusively to the euro

- a Dialogue with citizens and business is
maintained at [http://citizens.eu.int/.](http://citizens.eu.int/) This
initiative is a follow up to the Citizens
First initiative.

The Office for Official Publications of the
European Communities (EUR-OP) is the
official publisher of the institutions of the
European Union. The three principal
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 to encourage publishers to 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

**26**

value-added attached to the information. For
instance, EUR-Lex [(http://europa.eu.int/eur-](http://europa.eu.int/eurlex/)
[lex/)](http://europa.eu.int/eurlex/) displays free of charge the Official
Journal for a period of 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.

CELEX [(http://europa.eu.int/celex/)](http://europa.eu.int/celex/) is a
subscription-based computerised inter
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**

The potential importance of public sector
information as a resource first attracted the
Commission's attention in the mid 1980s,
when, in the context of the IMPACT
programme for creating a Community
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 at the address:

[http://www2.echo.lu/legal/en/labhome.html).](http://www2.echo.lu/legal/en/labhome.html)

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

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

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 to information concerning 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

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

**27**

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

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** **government** **information**
**electronically.**

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

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** **exploit** **public** **sector** **information**
**commercially.**

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
provisions essentially charging for search,
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

as an incentive for profit making. On the other
hand, if the private sector is 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.

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

"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 that interferes with
timely and equitable availability of public
information to the public;

B) restrict or regulate the use, resale, or
redissemination of public information by the
public;

C) charge fees or royalties for resale or
redissemination of public information; or

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

**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