Work Package 6: Legal issues: Downstream Compliance (COMPLIANCE)

RESPONSIBLE: Alberto Musy.

WP6 investigates the need for specific safeguards against abuses/misuses of the public sector information (PSI) disclosed for the purpose of fostering economic and cultural growth. In particular, WP6 examines the compliance with the law of PSI related practices at two different levels. On the one hand, it studies the conformity of Public Sector Information Holders (PSIH) with existing regulations (e.g. PSI Directive; antitrust law; etc.). On the other hand, it explores the compliance of re-users (and final users) with the constraints set up by laws and/or contracts/licenses drafted by PSIH.
WP6 will include a review of the existing models of legal intervention and their potential impact on the economic and social level; and will analyze both the possibility of introducing ex ante protections and ex post controls.
To perform the aforementioned analyses, WP6 will adopt, in particular, a new- institutional economic analysis in order to assess the comparative analysis of regulations and subjects in charge of the PSI implementation; antitrust economic and legal standard knowledge to assess the problems related to the use and re-use of information; remarks about ethical issues - mainly related to the privacy issues – will be covered; a public choice and decision making approach will be adopted when public agents operations will be examined.

OBJECTIVES: WP6 will contribute at refining the state of the art concerning the analysis of the Italian transposition of the European PSI Re-use Directive and building a specific analysis concerning possible interactions with bodies of local (regional) law.
In order to provide a wide investigation spectrum, not only WP6 will examine the normative models for the implementation of the PSI directive, but it will also take into account the overall corresponding regulation in the field of public sector information.
The goal will be the definition of a measure of the economic impact of policy decisions of the assessment of the procedures implemented by public sector bodies in relation with the results obtained. In other words, WP6 will provide a specific set of guidelines for public sector managers in the PSI sector.
Comparative analysis, arguably, provides the best instruments for examining the topics under issue. In fact, the attainment of the aforementioned goals may be fostered by a comparative analysis of the present day status of enforcement of the PSI directive in Piedmont and in other (e.g. three) European regions, in order to supply Piedmont with a comparative instrument, which may show the results obtained and the problems encountered by similar public administrations in the EU.

ATTENDED RESULTS: One way to possibly implement a better understanding of the limits to a monopolistic use of PSI should be found in a sort of standard information disclaimer and a possible related acronym or symbol to give notice to all third parties that information are treated under the PSI directive.
Another tool that should be investigated is the production of a sort of contractual menu to be implemented with organizations using PSI and provide mandatory contractual clauses that the Region or other public authorities will implement in all contracts.
In cooperation with WP4 (IPRs) it is advisable to elaborate a standard license form to be used by the Public Administration when attributing right of use to a private subject and eventually annex to the licensing some duties to disseminate the information or to collaborate with the Public Administration when requested in order to expand the possible use of the information at hand.
Finally, the results of WP6, along with the ones of WP4 and WP5, will concur in defining the optimal policy interventions, including the individuation of the optimal level of intervention (local, national or European). In particular, together with WP8 (POLICY), WP6 will draw best practices and/or new (administrative) procedure, which may be used as means of redress for re-users hindered in their legitimate request to access/re- use PSI.