Kalliopi AngeletopoulouePSIplus Conference Helsinki 19.04.2007 1 P S I In Greece Kalliopi Angeletopoulou, Legal advisor, General Secretariat of Public

Kalliopi Angeletopoulou ePSIplus Conference Helsinki 19.04.2007

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P S I In Greece

Kalliopi Angeletopoulou,

Legal advisor, General Secretariat of Public Administration and e-Government, Ministry of Interior, Public Administration and

Decentralization, Greece


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P R I C I N G P O L I C Y


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A. PREFACE

Definitions / clarifications: Pricing = Charging or Pricing > Charging,

so as to cover the return of an investment (profit).

“Charging” can always cover more kinds of costs (e.g. charges for IP Rights)


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B. LEGAL BASIS FOR CHARGES

1. national status (dispositions about “the free access to administrative documents”)

2. IP Rights, or similar special provisions

3. directive 2003/1998 on PSI


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where:

1 + 2 = Life before the PSI directive


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1.a Constitution οf 1975, art. 10 par. 3a

«The competent (public) service is obliged to answer to any requests about providing information and issuing documents, mainly certificates and supporting documents, within a certain deadline, no longer than 60 days, as the law determines».

(…)


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The deadline for granting the PS’s documents, according to the law 2690/1999, concerning the «free access to administrative

documents» remains 20 days < 20 «working» days (PSI directive).


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1.b Law 1599/1986, art. 16 and finally, 1.c Law 2690/1999, art. 5 , “access to

administrative documents”:

“Every interested person has the right, after making a written request, to be informed about the content of the administrative documents…Τhe cost of the reproduction of the documents will be covered by the applicant, unless the law determines else”.


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HOW ONE GETS THE P S I

Ι. Granting the document (data) by electronic means, mainly through a public site: Neither is the “reason why” asked, nor any additional requirements imposed by the Public Sector body, for the re-use.

e.g.: the public site of the Official Gazette : «Ethniko Typografeio» (www.et.gr). Since two years ago everybody has free access to all laws, presidential decrees and ministerial decisions promulgated on this site . Unless someone needs the issue itself, no charges are imposed.

http://www.et.gr/


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Important! Best quality’s legal data banks of the Private Sector, are based on this PSI. (e.g. «Nomos», «Domiki Pliroforiki», legal data bank of «Athens Bar Association» etc)

No distinction between commercial or non commercial re-use.


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ΙΙ. In practice, in many cases where “photocopies” should be made, the applicant leaves his/her Identity Card, takes the document, makes photocopies (under his/her own responsibility not to harm or misplace the document) and returns the

original intact.

(hopefully )!!…


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2. Law 2121/1993 about the “Protection of theIntellectual Property’s Rights”, art. 2, par. 5 : «the protection of this law does not extend to the official texts with which state

competence is expressed»,

where: “state competence” = almost everything!


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so: IP rights, belonging and being practiced by the state = rather exceptional - special disposition needed.- No exclusive arrangements

exist.


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e.g.:2.a geographical information (maps included)- IP

rights belong to the state according to a special law. Editing and publishing by the Private Sector is permitted (commercial re- use) – Significantly low charges, that do not exceed the cost of collection, production, reproduction and dissemination of data.


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2.b building permits, with supporting documents-IPRs belong mainly to third persons

(architects, civil engineers etc- commercial re-use is not allowed).


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3. Life after the directive on PSI

Law 3448/2006 about the “ Implementation of the PSI directive”, coming into force in March 2006.


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PSI Directive , art.6 & Law 3448/2006, art 8 :

“ Where charges are made, the total income from supplying and allowing re-use of documents shall not exceed the cost of collection, production, reproduction and dissemination , together with a reasonable return of investment ” > “cost of reproduction” (existing art. 5, Law 2690/1999).


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The directive applies to both commercial and non commercial re-use, but there is a special provision in art. 10:“Any applicable conditions for the re-use of documents shall be not discriminatory for comparable categories of re-use”.


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Is commercial re-use comparable to non commercial re-use,

so as not to be distinguished , as far as charging is concerned?


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e.g. Implementation dispositions of state members:3.a Statutory Instrument 2005 No 1515:

13. –(1) “Any conditions imposed under regulation 12 (1) shall not discriminate between applicants who make a request for re-use for comparable purposes ”


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3.b Ordonance no 2005-650 du 6 juin 2005 relative a “la liberte d’ acces aux documents administratifs et a la reutilisation des

informations publiques”.

Art. 6: “L’ acces aux documents administratifs s’ exerce a), b)…….par la delivrance d’ une copie …..et aux frais du demandeur, sans que ces frais puissent exceder le cout de cette reproduction” (…)


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Art. 10 : “Chapitre II ” “De la reutilisation des informations publiques”

15. La reutilisation d’ informations publiques peut donner lieu au versement de redevances.

SOS! In both cases, it is the same document, to be delivered, either according to the dispositions of art. 6, or the ones of art. 10.


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so: At a request for re-use,

● which dispositions will an employee (of a PS body) apply for charging ? art. 6, or art. 10 ?

● what will he evaluate ?

● which criterion will he take under consideration?


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Distinction between commercial and non commercial purposes of re-use, seems

unavoidable, as for charging.


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e.g.: Statutory Instrument 2005 No 1515:

6.-(1) A request for re-use shall :

(a) …

(b) …

(c) …

(d) state the purpose for which the document is to be re-used.


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PSI directive may “become the appetizer” of PS bodies for more!

(higher charges)


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Regulator’s first aids:

Law 3448/2006, art. 7

«Permissions and other terms regarding the re-use of documents»: «….By joint decision of the competent Minister and the Minister of Economy and Finance the amount of charges is defined,

where imposed »

both complicated and transparent procedure.


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C. CONCLUSIONS :

Policy making :

☻ Evaluate the impact of the directive (and the implementation of law 3448/2006) in both Public and Private Sector, taking into

account all requests for charging, in relationship to needs.


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☻ Estimate charges (if any) so as not to be

“a burden on the taxpayer”


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☻ Provide necessary services ( digitalization of data, creation of information inventory,

directories, search-engines, etc),

so as to


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☻ “Promote economic growth, instead of increasing government revenues,”

and


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☼ Remember!

After all “Charging”, according to the PSI directive, (art.6) is only a possibility for the PS body; definitely not an obligation…

(“Where” charges are made…)

Thank you

[email protected]

Documents

Kalliopi AngeletopoulouePSIplus Conference Helsinki 19.04.2007 1 P S I In Greece Kalliopi Angeletopoulou, Legal advisor, General Secretariat of Public