[open-government] consultation on Spanish draft royal decree

Tue Dec 14 16:43:10 UTC 2010

>From Pro Bono Publico we have contributed what we believe to be useful
comments to try to improve the regulatory framework in this area.

The doc (in Spanish.) can be found here:
<https://docs.google.com/document/d/1V2vPbPZ0c6bkXqz-lWbI0SXbb-Xyr52XlW99NkF
xuVA/edit?hl=en&authkey=CNenpeUM>
https://docs.google.com/document/d/1V2vPbPZ0c6bkXqz-lWbI0SXbb-Xyr52XlW99NkFx
uVA/edit?hl=en&authkey=CNenpeUM.

Cheers.

De: open-government-bounces at lists.okfn.org
[mailto:open-government-bounces at lists.okfn.org] En nombre de Cancio Melia,
Jorge
Enviado el: jueves, 25 de noviembre de 2010 9:57
Para: open-government at lists.okfn.org
Asunto: [open-government] consultation on Spanish draft royal decree

Dear all

We have just launched the consultation at our website under www.mityc.es at
<http://www.mityc.es/dgdsi/es-ES/participacion_publica/Paginas/Index.aspx>
http://www.mityc.es/dgdsi/es-ES/participacion_publica/Paginas/Index.aspx 

The text and the consultation are only in Spanish. However, perhaps you may
use some translation tool to get a feel of its content.

In any case, here is a short summary:

The Ministry of Industry, Tourism and Trade and the Ministry of Territorial
Policy and Public Administration have developed a draft Royal Decree
implementing Law 37/2007 of 16 November, on re-use of public sector
information .

According to the 2011-2015 Strategy of the Plan Avanza 2 adopted by the
Council of Ministers on 16 July, the objective of this initiative is to
establish, in the field of the Spanish General Administration, detailed
rules developing the provisions of Law 37/2007, promoting and facilitating
the availability of public sector information for its re-use, both for
commercial and noncommercial ends.

Main elements of the draft Royal Decree

For this purpose, based on the general framework established by the Law
37/2007, of 16 November, and taking into account the needs identified after
the first years of its application as well as in the course of the
implementation of the Aporta Project ( <http://www.aporta.es/>
www.aporta.es), the draft decree regulates the following aspects:

o   It details the obligations of administrations and public sector bodies
in promoting re-use:

o   Re-use of public sector information is authorized in general, provided
that their access is not restricted by access rules.

o   Administrations and public sector bodies will proactively inform on
re-usable information they possess.

o   Officers responsible for re-use are identified in each ministerial
department or public body, establishing also a set of minimum functions.

o   Relevant coordination mechanisms are established in the field of the
Spanish General Administration.

o   Public Sector Information Catalogue:

o   Legal support is given to the existing Public Sector Information
Catalogue, initially created under the Aporta Project (
<http://www.aporta.es/> www.aporta.es)

o    Administrations and public sector bodies will be responsible for
keeping the Catalogue up to date.

o    Regulation of re-use modalities

o   The general rule is the provision of re-use under a limited number of
general conditions established in the decree. The decree includes a legal
notice template setting out the general conditions for re-use.

o   However, the decree provides some flexibility for those administrations
and public sector bodies which need to establish additional specific
conditions when deemed necessary.

o   Regulation of conditions applicable to the re-use of information subject
to intellectual property rights or which contain personal data.

o   The licensing of intellectual property rights attached to re-usable
information is streamlined with the re-use modalities established in the
decree.

o    Specific rules are established for those documents which contain
personal data so as to ensure the protection of personal data and privacy.

As provided in the Law 37/2007, the provisions concerning the re-use of
public sector information do not change the rules governing access to
administrative documents enshrined in our legal system, but provide added
value to the right of access contemplating the basic regulatory system for
re-use by others of information held by the public sector for commercial or
noncommercial ends, in a framework of fair competition, regulating the
minimum conditions for a second level of information processing that is
generated by public bodies.

On the other hand, the draft Royal Decree does not develop the system of
charges which can be established under the Law 37/2007, of November 16, this
being a matter reserved for regulation by law.

Invitation to participate: Send your comments by December 15th, 2010

With the aim of making this draft decree available to the public and for
obtaining input on its content a public consultation period is open until
December, 15th 2010.

You may send your comments to the following email address:
<mailto:consultareutilizacion at mityc.es> consultareutilizacion at mityc.es
Listen

Read phonetically

Dictionary - View detailed dictionary

Best

Jorge Cancio

Spanish Ministry of Industry

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