Warsaw: 19 October 2009: Opinion of Non-governmental Centre for Access to Public Information

Stanowisko Stowarzyszenia Liderów Lokalnych Grup Obywatelskich w sprawie „założeń do projektu ustawy o ponownym wykorzystaniu informacji publicznej” z dnia 3 września 2009 r. udostępnionych w Biuletynie Informacji Publicznej Ministerstwa Spraw Wewnętrznych i Administracji w dnia 24 września 2009 r.

(The position of the Association of Leaders of Local Civic Groups on "assumptions of a bill to re-use of public information" of 3 September 2009, available at the Public Information Bulletin of the Ministry of Internal Affairs and Administration on 24 September 2009)

Warsaw: 15 October 2009: Opinion of the Polish Chamber of Information Technology and Telecommunications

Opinia Polskiej Izby Informatyki i Telekomunikacji [PIIT]: w sprawie Projektu Założeń do projektu ustawy o ponownym wykorzystaniu informacji publicznej (Opinion of the Polish [PIIT]: Project Assumptions on the draft law on re-use of public information)

“Concluding remarks

The Assumptions stated that "the adoption of the Act should not cause a significant burden financial and operation costs of the newborn will be "carried out in government and local government shares information and training on the new provisions. " According to the designer PIIT should, however, predict that the new responsibilities for the entities obliged to provide information for re-use will involve the reorganization of information processing in the administration public, and thus also costs.

Mere transmission of information from the public sector does not create a possibility mentioned in preamble to the Directive, ie the possibility of "products and services related to digital content." While The Directive stipulates that "public sector bodies should make documents available in their existing format or language, through electronic means where possible and appropriate ", it at the same time - regardless of the observations reported in this consultation - to be advocating that the provisions of under which they arise and act broadly provide for the creation of public records data structured form.

Despite the delay in the implementation of Directive 2003/98, it appears that indicated in the Act's entry into life (14 days from the date of its publication in the Official Journal), is set as unrealistic. So short vacatio legis prevent the implementation of the obligations provided for by law by public authorities and will lead to starting the wave of negative decisions on matters arising from the object of regulation Act and review processes. This will be the only form of defence offices, in a situation where there are prepared for the implementation of statutory regulation.”

Observations posted on Peter VaGla Waglowski blog

22 October 2009

Re-use w Polsce - praca organiczna (Re-use in Poland - Organic jobs)

14 October 2009

Propozycja planu publicznej dyskusji na temat Re-use

“The following questions (each of these points deserves to be at least 45 minutes to discuss, and even more in-depth discussion):

• Discussion of the provisions of Directive 2003/98/EC
• Directive on the reuse of public sector information and other directives such as INSPIRE (Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community) directive audiovisual, etc.
• The possibility of using information from the public sector and a democratic state of law - how to re-use of information affect the creation of civil society, transparency of the state organization, etc.
• Access to and use of information from the public sector - vs. political right. Business law (in which areas the EU can harmonize national laws, access to information and the Charter of Fundamental Rights, etc.).
• The conclusions of the Commission's review of the application of Directive 2003/98/EC, the proposals of the reformers,
• Review of current Polish practice of the Law on Access to Public Information
• Public information and information from the public sector - what is the scope of the concepts of what is public information, whether a state collects information suitable for re-use that are not public information?
• What should not be made available for reuse - examples of exceptions to the application of Directive
• Public Information Bulletin - what problems arise when collides problem sharing and reuse of information (public?)
• Sui generis protection of databases and reuse of public sector information (whether authorities should have the monopoly of intellectual property information resources stored in public registries and databases?)
• Re-use of information and copyright law, which is not subject to copyright, which are the "official content" on the basis of the Polish Law on Copyright and Neighbouring Rights, which are "documents, materials, signs and symbols" in the jurisprudence of Polish courts and foreign
• Re-use? Protection of personal data and re-use of public sector information, the problem of anonymous, or the technical impossibility of anonymous data in the public administration can mean blockade of re-use?
• Formats for collecting and sharing information with the public sector, structuring data, a review of executive acts to the law on informatisation activities of public service, re-use of information and the Polish archive (Law on the national archive resources and archives, the implementing legislation)
• Discrimination in access to information, web-accessibility, e-Inclusion, the rights of persons with disabilities,
• Designing a public data communication systems adapted for re-use of information from the public sector - public procurement law, the provisions of the Terms of Reference, vendors lock-in,
• Principles of fair competition: competition law, competition, public-private and social (including socio-private, public-public, etc.) in the area of information sharing
• Methods for determining the "cost of collection, production, reproduction and dissemination" of information from the public sector, including "the marginal cost of reproducing and disseminating documents" and "reasonable return on investment" for public bodies
• Review of "Standard license" used in other countries, the term "license" in the sphere of "re-use of information (whether Directive 2003/98/EC is creating a new monopoly of intellectual property?), The license terms, duration, zaskarżalność, the practice of protection of" qualified "
• Control methods and the design of "remedies" to the decision on re-use of Public Sector Information
• Responsibility of providing electronic services in connection with the use of public sector information (the relationship of the Law on Electronic Services for Re-use)
• Crimes against protection of information (including Chapter XXXIII of the Criminal Code) and the re-utilization
• The role of market regulators in the field of re-use of public sector information - whether in Poland, the new office is needed, whether you need any office that would address this issue (e.g., whether the existing controller should have new powers here?), If so - what should have the powers and competence, discussing the powers and position in the structure of government bodies such as the Federal Chief Information Officer in the U.S. or the Information Commissioner's Office in the UK
• Tools, APIs, mashups, examples of plug-ins for popular CMS (e.g. Drupal)
• Overview attractive - from the standpoint of re-use - of public resources in Poland offers services functions, which could be built if such information could be "easier" to use,
• Presented by the ministry for a draft framework for a bill to re-use of Public Sector Information,
• Overview of the comments received during the consultation to the assumptions made by the ministry.”

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