Directive 2003/98 / EC (PSI Directive)

; Directive 2003/98 / EC
Title:	Directive 2003/98 / EC of the European Parliament and of the Council of November 17, 2003 on the re-use of public sector information
Designation: ; (not official)	PSI guideline
Scope:	EEA
Procedure overview:	European Commission ; European Parliament ; IPEX Wiki
Date of issue:	November 17, 2003
Release date:	Oj No. L 345 of December 31, 2003, pp. 90-96
To be ; implemented in national law by:	July 1, 2005
Implemented by:	Germany: Information Reuse Act Austria: Information Reuse Act
Full text	Consolidated version (not official) ; basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2003/98 / EC of the European Parliament and of the Council of November 17, 2003 on the re-use of information from the public sector is also known as the PSI Directive for short - after the English title Re-use of Public Sector Information . The Information Further Use Act of December 2006 implements the PSI Directive in Germany . The scope of the directive was extended to the EEA in July 2005. The Directive 2013/37 / EU revised the PSI Directive. Directive (EU) 2019/1024 will replace this directive on July 17, 2021.

Policy target

The aim of the directive is to make information that is available in the public sector available to the public as unbureaucratically as possible, which European content providers are confronted with in the development of a new generation of information products and services. The aim is to offset competitive disadvantages that EU companies have compared to their American competitors, who can rely on a highly developed, well-functioning system of public information. The digital, knowledge-based economy is a major driver of growth, competitiveness and employment, while improving the quality of life for European citizens. The guideline has thus made the central statement of the eEurope 2002 action plan its goal. The present guideline is part of this action plan and is intended to contribute to the achievement of its objectives, particularly in the areas of electronic government services and digital content.

An important point of the directive is that it does not interfere with the "property rights" of the member states, so that the decision whether re-use is authorized remains a matter for the individual states or the public body there. If a body decides to pass it on, this must be done in accordance with the provisions of the IWG or the corresponding state laws.

Affected data and economic significance

Public authorities collect and hold vast amounts of information ranging from financial and geographic data to tourist information. They could serve as the starting material for new information products and services, the economic value of which in the European Union is estimated at 68 billion euros, with reference to a relevant study on the commercial exploitation of public sector information) and thus with industries such as legal services and the Printing would be comparable. The potential of public sector information is currently underutilized due to legal and practical barriers.

Further regulations of the guideline

Different rules and practices in the Member States with regard to fees, response times, exclusivity agreements and the general availability of information for re-use make it increasingly difficult for companies to develop products across Europe. In order to harmonize the legal framework for the use of public sector information to a minimum level, the directive primarily regulates fundamental issues such as fair trade, fees and response times. The directive must be implemented by July 1, 2005 and will be reviewed by the Commission before July 1, 2008.

implementation

The PSI guideline provided for implementation by July 1, 2005 at the latest.

In Austria , the PSI guideline was implemented by the federal law on the further use of information from public bodies (Informationsweiterverwendungsgesetz - IWG). The IWG came into force at the federal level on November 19, 2005.

In Germany, the Information Further Use Act implements the directive. It came into force on December 19, 2006.

literature

Johannes Öhlböck: Information further use law . Practice commentary (= textbook law ). Linde, Vienna 2008, ISBN 978-3-7073-1340-6 .

Hannah Wirtz: The change in the PSI directive . In: Data protection and data security - DuD . tape 38 , no. 6 , June 5, 2014, p. 389-393 , doi : 10.1007 / s11623-014-0146-1 .

Web links

Directive 2003/98 / EC of the European Parliament and of the Council of November 17, 2003 on the re-use of public sector information
Directive 2013/37 / EU of June 26, 2013 amending Directive 2003/98 / EC on the re-use of public sector information , entered into force on July 17, 2013
Directive 2003/98 / EC in the consolidated version of July 17, 2013
Consolidated federal law: Entire legal provision for the Information Further Use Act.
Information on Directive 2003/98 / EC and its implementation in national law ( Memento from February 21, 2006 in the Internet Archive )
European legislation on reuse of public sector information at the European Commission, 23 July 2015

Individual evidence

↑ Directive 2003/98 / EC of the European Parliament and of the Council of November 17, 2003 on the re-use of information from the public sector. , accessed November 15, 2016 .

↑ Information Further Use Act . Federal Ministry for Economic Affairs and Energy, Public Relations Department, December 13, 2003, accessed on November 15, 2016 .

↑ Decision of the EEA Joint Committee No. 105/2005 of July 8, 2005 amending Annex XI (Telecommunications Services) to the EEA Agreement

↑ European Commission (ed.): Public Sector Information - A Key Resource for Europe Green Paper on Public Sector Information in the Information Society . COM (1998) 585. Office for Official Publications of the European Communities, Luxembourg 1999, OCLC 76022172 , p. 1 ( Online at EUR-Lex - presented by the Commission in 1998).

↑ eEurope 2002 - an information society for all Draft action plan of the European Commission for submission to the meeting of the European Council on 19./20. June 2000 in Feira (COM / 2000/0330 final)

↑ Proposal for a directive of the European Parliament and of the Council on the re-use and commercial exploitation of public sector documents (COM / 2002/207 final)

↑ ^a ^b Austrian Association of Cities (ed.): PSI Directive and Information Further Use Act. A new area of law . Vienna August 10, 2005 ( gv.at ). gv.at ( Memento of the original from November 15, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2
↑ Directive 2003/98 / EC recital (4)
↑ Opinion of the Committee of the Regions of November 21, 2002 on the communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on “eEurope 2002: Creating a European framework for the use of public information Sector ”...
↑ Directive 2003/98 / EC recital (5)
↑ European Union (Ed.): Unlocking the Economic Potential of Public Sector Information for the Future Development of European Content IP / 01/1481 . October 24, 2001 ( europa.eu [accessed November 15, 2016]).
^ Federal law on the further use of information from public bodies (Informationsweiterverwendungsgesetz - IWG). [DOC] ec.europa.eu.
^ Law on the further use of information from public bodies (Informationsweiterverwendungsgesetz - IWG). ( BGBl. 2006 I p. 2913 )

[1] Directive 2003/98 / EC of the European Parliament and of the Council of November 17, 2003 on the re-use of information from the public sector. , accessed November 15, 2016 .

[2] Information Further Use Act . Federal Ministry for Economic Affairs and Energy, Public Relations Department, December 13, 2003, accessed on November 15, 2016 .

[3] Decision of the EEA Joint Committee No. 105/2005 of July 8, 2005 amending Annex XI (Telecommunications Services) to the EEA Agreement

[4] European Commission (ed.): Public Sector Information - A Key Resource for Europe Green Paper on Public Sector Information in the Information Society . COM (1998) 585. Office for Official Publications of the European Communities, Luxembourg 1999, OCLC 76022172 , p. 1 ( Online at EUR-Lex - presented by the Commission in 1998).

[5] eEurope 2002 - an information society for all Draft action plan of the European Commission for submission to the meeting of the European Council on 19./20. June 2000 in Feira (COM / 2000/0330 final)

[6] Proposal for a directive of the European Parliament and of the Council on the re-use and commercial exploitation of public sector documents (COM / 2002/207 final)