Public Sector Information available for re-use

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Public Sector Information available for re-use

• Regulation and Implementation
• Kalliopi Aggeletopoulou
• PSI group
• Secretariat-General of Public Administration and
  E-Government

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?. Greek Constitution 1975/1986/2001

• Article 21 Respect and protection of the value
  of the human being constitute the primary
  obligations of the State

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Article 5A

• All persons are entitled to information as
  specified by law. Restrictions to this right may
  be imposed by law only insofar as they are
  absolutely necessary and justified for reasons of
  national security, of combating crime or of
  protecting rights and interests of third
  parties.

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Article 103

• The competent service or authority is obliged to
  reply to requests for information and for issuing
  documents, especially certificates, supporting
  documents and attestations within a set deadline
  not exceeding 60 days, as specified by law

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Law 2690/1999 as modified by 1) article 82
Law 2880/2001, 2) article 112 Law 3230/2004)

• Article 5 access to documents every
  interested party has the right to have access,
  following a written application, to
  administrative documents

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• Right of access to the documents of
  administrative services of the administrated
  individuals.
• Principle of transparency and overt acts of
  the administration

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Conditions

• Written application
• Payment of the reproduction cost
• Existence of a reasonable interest
• (personal legal relationship linked to the
  content of the (administrative) document)

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Law 3448/2006 on public sector information
re-use

• definition of terms, conditions and ways to
  facilitate re-use of documents belonging to
  organisms of the public sector, for commercial or
  other reasons

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Article 3 Law 3448/2006as modified by Article
11, par. 1 of Law 3613/2007)

• Scope Definition of documents (exclusions)

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Article 41 Law 3448/2006

• Definition of the Organisms of the public sector
  state authorities, either central or regional,
  local government agencies of first and second
  level, other legal persons of public law,
  organisms of public law (according to paragraph
  2) and associations formed by one or more of
  these authorities or one or more organisms of
  public law

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Article 42 Law 3448/2006

• An Organism of public law is defined as any
  organism that a) has been established aiming
  specifically to respond to needs of general
  interest of non industrial or commercial nature,
  b) has a legal personality, c) is mainly financed
  by the State, the local government agencies or
  other organisms of public law. Its management is
  either placed under the supervision of the above,
  or the organism is managed, or supervised by a
  body, the majority of the members of which are
  appointed by the State, the local government
  agencies, or other organisms of public law.
  

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Article 1 Law 3448/2006

• the provisions in effect concerning access to
  the above documents remain in force, subject to
  the regulations of the present law

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• The institutional framework on re-use
  constitutes in reality an enlargement of the
  existing framework on the right of access,
  since the notion of interested citizen cannot
  exclude the person asking for the commercial use
  of the document.

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• Enlargement of the Reasonable Interest
• (the re-use of public service information is
  included in the personal legal relationships)

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But

• Directive 2003/1998, building on existing access
  regimes,
• does not impose neither compels the organisms to
  provide documents for re-use, given that the
  relevant decision remains with the Member State
  or the public sector body concerned (preamble,
  par. 9).

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• Nevertheless if and when the document is given
  for re-use, the body delivering it will have to
  apply the directive aiming principally at
  avoiding the creation of exclusive rights or
  agreements leading to a distortion of the
  competition (preamble, par. 9)

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?. ?p??es?e? p??sa?µ?sµ??e? se e?e?d??e?µ??e?
a????e? pe?a?t??? ???s??

• ?at?????e? e????f??-p????f?????
• ??d???? d?at??e?? ??????s?? t?? p????f????? a?t??

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? ?d???a (?at a????) efa?µ??eta?!

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• Ge???af???? ?????? ?a? p????f?????
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• St???e?a ??????? Stat?st???? ?p??es?a?
• ?etaf????
• ?.?p

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??e?se??

• ? ?d???a (?a? ? ?. 3448/2006, ????? 8) ep?t??p???
  t?? ep?ß??? te??? p???e?µ???? ?a a?a?t? ? f???a?
  t? s??????? ??st?? s???????, pa?a?????,
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  ep??d?s??.

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?????µ?? pa?.14 ?d???a?

• ?p?f??? ? ?a? ?p???e?sµ?? ?pe?ß?????? t?µ?? p??
  eµp?d????? t?? pa?a?????? a???p???s? t??
  p????f???a? ap? p???te? ?a? ep??e???se??

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?p?ß??? te???-??e?se?? pe?a?t??? ???s??

• ??asf???s? p???t?ta? pa????? ?p??es???
• efa?µ??? p??t?p?? (format)
• ??f??p???s?
• ??e?t?????? µ?sa

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• ???a??st? p???!
• k.ageleto_at_ypesdda.gov.gr