Activities of Marie-Christine VERGIAT related to 2011/0430(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/98/EC on re-use of public sector information
Amendments (13)
Amendment 33 #
Proposal for a directive
Recital 2
Recital 2
(2) 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 members of the public and the free movement of persons within the Union, with due regard for fundamental rights in every case, 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. However, this requires a level playing field at Union level in terms of whether or not the re-use of documents is authorised, which cannot be achieved by leaving it up to the different rules and practices of the Member States or the public bodies concerned.
Amendment 36 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) National regulations on access to public documents are based on transparency and freedom of information. However, certain restrictions on the right of access exist, particularly in the case of administrative documents whose content is regarded as sensitive or documents concerning persons which could damage privacy and personal files.
Amendment 39 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Documents in relation to which intellectual property rights have expired and which consequently enter the public domain constitute a very important part of the collections of libraries, archives and museums and should be assigned priority in digitisation campaigns; it is therefore desirable to ensure that such digitisation does not alter their legal status. Access to, and re-use of, these data must be guaranteed in order to respect the fundamental right of access to culture, information and education.
Amendment 40 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Seeking out, digitising and presenting cultural assets are important challenges with the aim of ensuring access to culture, information and education for all. It is therefore important to opt for judicious use of cultural assets which facilitate access to the cultural heritage for members of the public, while taking account of the fact that cultural assets are not economic assets like any others and that they should be protected against excessive marketisation. The cultural institutions with which this Directive is concerned should be supported by the public authorities by establishing public funds for the digitisation and dissemination of data. If agreements between these institutions and the private sector are concluded or planned, this cooperation should be pursued only in a non-profit-making spirit, and exclusivity clauses should be banned, particularly in the case of public- domain data.
Amendment 42 #
Proposal for a directive
Recital 10
Recital 10
(10) The scope of application of the Directive is extended to libraries (including university libraries), museums and archives. The Directive does not apply to research and education establishments or to other cultural institutions, such as operas, ballets or theatres, including the archives that are part of these institutions.
Amendment 44 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Certain personal data contained in archive documents to which the ban on any form of discrimination applies should be excluded from the scope of Directive 2003/98/EC or, if the legislation in force requires them to be communicated, should be rendered anonymous or the data concerning individuals should be masked out before any use is made of them.
Amendment 45 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Data held by educational and research establishments should remain outside the scope of Directive 2003/98/EC.
Amendment 48 #
Proposal for a directive
Recital 14
Recital 14
(14) Proper implementation of some of the features of this Directive, such as means of redress, especially for private individuals with regard to data protection, compliance with charging principles and reporting obligations require supervision by independent authorities competent on the re-use of public sector information. To ensure consistency between approaches at Union level, coordination between the independent authorities should be encouraged, particularly through exchange of information on best practices and data re- use policies.
Amendment 49 #
Proposal for a directive
Recital 15
Recital 15
(15) Since the objective of this Directive, namely to facilitate the creation of Union- wide information products and services based on public sector documents, to ensure the effective cross-border use of public sector documents on the one hand by private companies for added-value information products and services, and to limit distortions of competition on the Union marketon the other hand by citizens to facilitate the free circulation of information and communication, cannot be sufficiently achieved by Member States and can therefore, in view of the intrinsic pan- European scope of the proposed action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. In accordance with the principles of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 50 #
Proposal for a directive
Recital 16
Recital 16
(16) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the right to property (Article 17respect for private life and family life (Article 7), the protection of personal data (Article 8), the right to property (Article 17) and the right of access to documents (Article 42). Nothing in this Directive should be interpreted or implemented in a manner that is inconsistent with the European Convention on Human Rights.
Amendment 51 #
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to ensure that the Member States (see recital 19) report to the Commission on the extent of the re-use of public sector information, the conditions under which it is made available, the problems and difficulties encountered and the work of the independent authority. To ensure consistency between approaches at Union level, coordination between the independent authorities should be encouraged, particularly through exchange of information on best practices and data re-use policies.
Amendment 53 #
Proposal for a directive
Article 1 – point 1 – point 3
Article 1 – point 1 – point 3
Directive 2003/98/EC
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) documents held by cultural establishments, other than libraries, museums and archives, with the exception of certain personal data contained in archive documents in relation to which all discrimination is prohibited pursuant to Article 21(1) of the Charter of Fundamental Rights of the European Union;
Amendment 57 #
Proposal for a directive
Article 1 – point 6 – point 2
Article 1 – point 6 – point 2
Directive 2003/98/EC
Article 6 – paragraph 4
Article 6 – paragraph 4
(2) The existing text of Article 6 becomes paragraph 4. and shall read as follows: “4. Where charges are made pursuant to paragraph 2, their total volume must be established using objective, transparent and variable criteria, and the total revenue derived from supplying and from authorising re-use of these documents shall not exceed their cost of collection, production, reproduction, provision and dissemination, while allowing a return on investment which accords with the performance of the public remits of the bodies and institutions referred to in Article 1 of this Directive. In the case of projects whose purposes are purely commercial, revenue from these charges must be invested in accordance with objective and transparent criteria which are not detrimental to the general interest. The charges referred to in paragraphs 1 and 2 should be cost-oriented over the appropriate accounting period and calculated in line with the accounting principles applicable to the public sector bodies involved.”