Open data in Poland: proposed legislation on the opening of public resources

PSI: Looking ahead Proposed legislation on the opening of public resources Igor Ostrowski

20 years passes since 4th of June 1989... In this period we managed to: Reform the political system fallowing the modern democracies, Transform the economy from a centrally controlled to a based on market mechanisms and privet property, Build a body for civil society based on individual activity and cooperation in the society, Anchor in the European and transatlantic structures, Increase the salary buying force of Poles – 16 times, Raise 4-times the number of youth getting academic education and increase the share of persons with higher education in society from 7 to 17 %, Extend life expectancy of Poles by 5 years.

The risk of developmental drift Any decisions taken today, just as any failed actions, will bear on where we will be in five to twenty years from now. Non-action can be costly because: 1. Without higher labour force participation rates (especially in age groups 45+ and 15-24) Polish GDP growth rate is bound to fall considerably, as the post-war baby-boom generation is about to bow out from the labour market; 2. Without higher strategic spending on power generation and transmission Poland will face electricity shortages in a few years from now; 3. Without quality infrastructure metropolitan areas and the peripheries will face increasing limits to growth; 4. Without a higher efficiency of the state private capital investment, whether domestic or international, will not increase; without a friendly government the citizen will become a passive bystander of the process of change; 5. Without a structural change in the innovation and education systems (intellectual capital) Poland will fail to offer employees for a knowledge-based economy; 6. Without a strategic focus at the government level Poland will fail to boost its social capital for development and an ability to cooperate towards a higher quality of life.

Development challenges There is a need for an agreement that Poland is facing challenges to growth requiring a universal involvement and political responsibility. There are 10 key challenges: HIGH AND STABLE ECONOMIC GROWTH DEMOGRAPHY HIGH LABOUR FORCE PARTICIPATION RATE AND HIGH LABOUR FORCE ADAPTABILITY SOLIDARITY AND REGIONAL CONVERGENCE IMPROVED SOCIAL COHESION EFFICIENT STATE SOCIAL CAPITAL GROWTH ADEQUATE POTENTIAL OF INFRASTRUCTURE ENERGY AND ENVIRONMENTAL SECURITY KNOWLEDGE-BASED ECONOMY AND INTELLECTUAL CAPITAL GROWTH

Development challenges ICT tools are likely to make the biggest impact in development of an: EFFICIENT STATE SOCIAL CAPITAL Development plan is based on the concept of a network society Open Access seen as the core of the Programme

Implementation of the re-use Directive 1997 Polish Constitution adopted; art 61 grants lists access to public information as a basic right 2001 Law on access to public information is adopted 2003 Directive 2003/98 adopted 2005 Poland claims Directive already implemented, EU Commission tends to differ 2007-2009 Discussions between EC and Polish government re. implementation end with commencement of Proceedings to impose a fine for non-implementation

Implementation of the re-use Directive 2007 First draft drafted and rejected 2009 Second draft prepared 2010 Network society shows its strength Board of Strategic Advisors prepares an action plan for implementation of Open Access legislation 2011 Network society shows its strength yet again Concept of the legislation is severely changed and adopted by the Council of Ministers The Polish Prime Minister makes a landmark statement on Open Access

Implementation of the re-use Directive “ Any piece of information created with the means of public funds is owned by the public and should be available for re-use by everyone in any manner they please” - Prime Minister Donald Tusk

Implementation of the re-use Directive Concept of the law was adopted this week 1. Access available thru several paths: Written application Public Information Bulletins (BIP) available online in over 15,000 entities Participation in meetings of collective bodies Posts Repositories in open catalogue formats 2. Limited reasons for rejection of access 3. Presumption of non-restricted re-use of accessible information 4. Rejection always by means of an administrative decision, subject to court appeal 5. General rule of free re-use. Fees may be applied for commercial purposes

Proposed scope of the next piece of legislation Open Government concept Re-use directive Proposed scope of the legislation Open Access to resources is an extension of the existing PSI access mechanism

The right of open access to public resources is defined as a legal right of every person to access, use and re-use any content or data in human or machine readible format, created by public entities or with public funds , without limitation or obstruction (the R i ght of Open Access). Open Access to public resources will ensure greater: transparency efficiency innovation and participation of citizens in public life (“collaboration”) = increase of social capital and development of an efficient State (two out of ten principal challenges outlined in the Poland 2030 Report) Proposed scope

Pursuant to the Proposed Act: public resources, defined as data, its compilations and interpretations (including reports and analysis) as well as any other content or work created by public agencies, and b. other resources financed by public means in the sphere of public administration, education, science and culture (jointly the Resources ) are declared as public good to be freely accesible by citizens, in human or machine readible format, without limitation or obstruction. Specific scope of the Rights of Public Access are to be outlined in executive ordinances of the Prime Minister. Proposed scope

Lightposts in the process of Resource data discovery, processing, licencing and finally publishing Hign Quality Data Open Character Resource availability Practical applicability Assumptions

a new method of PSI access will need to be created in order to ensure delivery of the resources in line with the assumptions a definition of a „public document“ and „public material“ will need to be introduced into the Polish Copyright Law in order to determine the type of information and data which is not subject to copyright restrictions a single pattern for licensing of public works protected under Polish Copyright Law should be established. An open license format, similar to OGL established in the UK or NZGOAL established in New Zeland, may be advisable Tools

Differences and similarities Differences Scope of subject matter Range of interested parties Method of access Similarities Exclusions: classified information, personal data, corporate priopriatary information

Dillemas General scope Payment structure Order of release Scope of exclusions Science (finals + underlying) Health Public Procurement Grants Other types of sensible data

Thank you Igor Ostrowski Board of Strategic Advisors Chancellery of the Primer Minister Warsaw, Poland Email: [email_address]

Open data in Poland: proposed legislation on the opening of public resources

More Related Content

What's hot (20)

Similar to Open data in Poland: proposed legislation on the opening of public resources (20)

More from okfn (18)

Open data in Poland: proposed legislation on the opening of public resources

Editor's Notes