Directive on the re-use of public sector information

Directive 2003/98/EC on the re-use of public sector information, known as the PSI Directive,[2][3] now called Open Data Directive,[4] is an EU directive that encourages EU member states to make as much public sector information available for re-use as possible. Previous to the creation of this directive, this area was left to member states to regulate. This directive provides a common legislative framework for this area.

Directive 2003/98/EC
European Union directive
TitleDirective on the re-use of public sector information
Made byEuropean Parliament & Council
Made underArt. 95
Journal referenceL 345, 2003-12-31, pp. 90–96
History
Date made2003-11-17[1]
Came into force2003-12-31[1]
Implementation date2008-05-08[1]
Preparative texts
Commission proposalC 365 E, 2000-12-19, p. 223
EESC opinionC 85, 2003-04-08, p. 25
Reports 
Other legislation
Replaces—
Amends—
Amended byDirective (EU) 2019/1024 on open data and the re-use of public sector information
Replaced by—
Substantially amended

The Directive is an attempt to remove barriers that hinder the re-use of public sector information throughout the Union.

The ePSIplus web portal (which has since been renamed "ePSIplatform") was set up as a result of this directive.

In 2013 it was amended to make it more aligned with open government data concepts and also to contemplate cultural heritage information, among other modifications.[5]

The PSI Directive was amended again in 2019, becoming the Open Data Directive (Directive (EU) 2019/1024 on open data and the re-use of public sector information), which entered into force on 16 July 2019.[4][6] Member states have until 16 July 2021 to transpose the new directive into national law.

Definition

Note: this section is based on the earlier PSI Directive from 2003. The scope of the new PSI Directive published in 2019 includes libraries and archives, among several other changes.

"Public sector information" includes " any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording)" when produced by a public sector body within its mandate. However the directive explicitly excluded a number of cases, including:[7]

(d) documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit;
(e) documents held by educational and research establishments, such as schools, universities, archives, libraries and research facilities including, where relevant, organisations established for the transfer of research results;

(f) documents held by cultural establishments, such as museums, libraries, archives, orchestras, operas, ballets and theatres.

References
  1. Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003 p. 90)
  2. Existing rules on re-use of public sector information. Retrieved 2010-01-21
  3. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Re-use of Public Sector Information : review of Directive 2003/98/EC. Retrieved 2010-01-21
  4. "Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information". Official Journal of the European Union. 26 June 2019. Retrieved 2 May 2020.
  5. "The new PSI Directive – as good as it seems?". 19 April 2013.
  6. European Commission (18 July 2019). "European legislation on open data and the re-use of public sector information". Digital Single Market — European Commission. Retrieved 23 September 2019. Landing page.
  7. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:345:0090:0096:EN:PDF
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