Open data : la révision de la directive de 2003 approuvée par le Conseil de l'Europe - Lagazette.fr

"The committee 'Coreper' Council of the European Union, which includes the Permanent Representatives of the Member States gave 10 April 2013 the green light to the proposed revision of the 2003 Directive concerning the opening of public sector data . And, for reuse in Europe, which, for the record, was told in December 2011, Neelie Kroes, Vice-President of the European Commission, the EU was in the foot 'a wealth of gold, nearly 40 billion euros per year ...'  Real right to reuse -  specifically, this text, which must still be approved by the European Parliament and transposed into national law, would:   [1] for a genuine right to re-use of public sector ⁽¹⁾ , which did not exist in the original 2003 Directive, insofar as it left the possibility for states or jurisdictions to decide what information they want to make reusable or not. Now it is said that all public sector data that is not subject to any of the exceptions become reusable. This is an advanced across Europe, at least in France, which, with its Cada 1978 law already recognized a right for citizens to the reuse of public information, since the documents containing them are accessible ... principle of excluding personal data, he continues.  [2] to regulate the prices of public sector organizations, the press release of April 10, 2013 citing 'very little or no cost in most cases.' They can not exceed the marginal costs of reproduction, provision and dissemination of information. Exceptionally, a full cost recovery ⁽²⁾ would still be possible and therefore would require public sector organizations to be more transparent about billing rules and conditions applied.    Attention exception to these general principles remains : cultural institutions could continue to set rates higher data reuse 'the marginal costs of reproduction and distribution' that the proposed revision sets a limit to other jurisdictions.  [4] facilitate the provision of public data in open formats readable by machine. The proposal does not extend to impose free and non-proprietary formats.   The wrong end of the cultural exception - The announcement on the extension of the scope of the Directive and include, 'for the first time libraries, museums and archives' is actually a bit oversold and up not totally famous 'cultural exception'. The text of the proposed revision is reintroduced specific rules with regard to the data produced by these institutions, as Lionel Maurel reports in his article  'Open data at the crossroads of the legal ways,'  appeared on Fire Owni . fr.  For example, the information on which libraries, museums and archives hold their own intellectual property rights, these institutions could still continue to decide whether to allow a priori data reuse. 'Such provisions applied in France would be a regression because the administrative courts have already decided that the cultural exception does not allow, for example, an archive to oppose the re-scanned data by a company' analyzes the journalist Lionel Maurel."