13 Amendments of Nicola DANTI related to 2018/0111(COD)
Amendment 35 #
Proposal for a directive
Recital 6
Recital 6
(6) The public sector in the Member States collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information. Documents produced by public sector bodies of executive, legislative or judicial nature constitute a vast, diverse and valuable pool of resources that can benefit the knowledge economy as well as the consumer.
Amendment 36 #
Proposal for a directive
Recital 6
Recital 6
(6) The public sector at national, regional and local levels in the Member States collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information. Documents produced by public sector bodies of executive, legislative or judicial nature constitute a vast, diverse and valuable pool of resources that can benefit the knowledge economy.
Amendment 37 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information established a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by public sector bodies of the Member States , including executive, legislative and judicial bodies . Since the adoption of the first set of rules on re-use of public sector information , the amount of data in the world, including public data, has increased exponentially and new types of data are being generated and collected. In parallel, we are witnessing a continuous evolution in technologies for analysis, exploitation and processing of data such as Artificial Intelligence, machine learning and Internet of Things. This rapid technological evolution makes it possible to create new services and new applications, which are built upon the use, aggregation or combination of data. The rules originally adopted in 2003 and later amended in 2013 no longer keep pace with these rapid changes and as a result the economic and social opportunities offered by re-use of public data risk being missed.
Amendment 41 #
(13) OCoupled with strong data protection policies where appropriate, open data policies which encourage the wide availability and re-use of public sector information for private or commercial purposes, with minimal or no legal, technical or financial constraints, and which promote the circulation of information not only for economic operators but also for the public, can play an important role in kick-starting the development of new services based on novel ways to combine and make use of such information, stimulate economic growth and promote social engagement.
Amendment 42 #
Proposal for a directive
Recital 14
Recital 14
(14) Moreover, without minimum harmonisation at Community level, legislative activities at national level, which have already been initiated in a number of Member States in order to respond to the technological challenges, might result in even more significant differences. The impact of such legislative differences and uncertainties will become more significant with the further development of the information society, which has already greatly increased cross- border exploitation of information. Thus, interoperability, open standards and open data are not only fundamental in a cross- border context but are also needed at the national, regional and local administrative levels in each Member State.
Amendment 50 #
Proposal for a directive
Recital 27
Recital 27
(27) Public sector bodies are increasingly making their documents available for re-use in a proactive manner, by ensuring online discoverability and actual availability of both metadata and the underlying content. Documents should also be made available for re-use following a request lodged by a re-user. In those cases, the time limit for replying to requests for re-use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes. Public undertakings, educational establishments, research performing organisations and research funding organisations should however be exempt from this requirement. Reasonable time limits throughout the Union will stimulate the creation of new aggregated information products and services at pan-European level. This is particularly important for dynamic data ( including traffic data , satellite data, weather data ), the economic value of which depends on the immediate availability of the information and of regular updates. Dynamic data should therefore be made available immediately after collection, via an Application Programming Interface so as to facilitate the development of internet, mobile and cloud applications based on such data. Whenever this is not possible due to technical or financial constraints, public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited. Should a licence be used, the timely availability of documents may be a part of the terms of the licence. However, there are considerable differences among Member States in this area, with 22 out of 28 Member States using API traffic less than 10 %. In this sense, additional practical support is necessary for many public sector bodies across Europe to move towards web-based use of dynamic data and APIs in general. Consequently, this Directive and the Digital Europe Programme COM(2018) 434 need to be fully consistent with one another.
Amendment 57 #
Proposal for a directive
Recital 32
Recital 32
(32) Charges for the re-use of documents constitute an important market entry barrier forHeterogeneous practices in terms of charging persists not only between Member States, but also between public bodies within the same Member State. Charges for the re-use of documents negatively affect the extent of public sector information re-use by start-ups and SMEs. Documents should therefore be made available for re-use without charges and,or where charges are necessary made, they should in principle be limited to the marginal costs relating to the collection, production, reproduction, dissemination, storage and where applicable, anonymisation of certain documents for re-use. In exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration. The role of public undertakings in a competitive economic environment should also be acknowledged. In such cases, public sector bodies and public undertakings should therefore be able to charge above marginal costs. Those charges should be set according to objective, transparent and verifiable criteria and the total income from supplying and allowing re-use of documents should not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. Where applicable, the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost. The requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem, for example, from administrative practices in Member States. Such a requirement should be regularly reviewed by the Member States.
Amendment 65 #
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) The use of open data must ensure that the same data protection and privacy standards apply to a situation when public sector data is used for commercial purposes as when such data remains within the public sector.
Amendment 120 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Research data shall be re-usable for commercial or non-commercial purposes under the conditions set out in Chapters III and IV, insofar as they are publicly funded and whenever access to such data is provided through an institutional or subject-based repository. In this context, data protection has to be ensured and legitimate commercial interests ands well as pre- existing intellectual property rights shall be taken into account. This provision shall be without prejudice to point (c) of Article 1(2).
Amendment 131 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate significant socio-economic benefits, innovation, the number of users, especially SMEs and start-ups, and the revenues they may help generate, and their potential for being combined with other datasets.
Amendment 132 #
Proposal for a directive
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7a. For the purpose of adopting the list of high value datasets, the Commission shall carry out a public consultation with all interested stakeholders including public sector bodies, public undertakings, data re-users, research organisations, civil society groups, and other representative organisations. All interested stakeholders may submit suggestions for specific datasets within the categories defined in Annex IIa.
Amendment 139 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. No sooner than fourThree years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines47 . Member States shall provide the Commission with the information necessary for the preparation of that Report . _________________ 47 SWD (2017)350 SWD (2017)350
Amendment 140 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The evaluation shall in particular address the scope and socio-economic impact of this Directive, including the extent of the increase in re-use of public sector documents to which this Directive applies , especially by SMEs, the impact of the high value datasets, the effects of the principles applied to charging and the re- use of official texts of a legislative and administrative nature, the re-use of documents held by other entities than public sector bodies, the uptake of Application Programming Interfaces, the interaction between data protection rules and re-use possibilities, as well as further possibilities of improving the proper functioning of the internal market and the development of the European data economy .