2010. december 13., hétfő

Spanyol jogszabályelőkészítés a közérdekű adatok újrahasznosítása témakörben

Postánkból. Jorge Cancio írja a LAPSI projekt tagoknak a spanyol iparügyi minisztériumból:
'We have just launched the consultation at our website under www.mityc.es at http://www.mityc.es/dgdsi/es-ES/participacion_publica/Paginas/Index.aspx
The text and the consultation are only in Spanish. However, perhaps you may use some translation tool to get a feel of its content.
In any case, here is a short summary:
The Ministry of Industry, Tourism and Trade and the Ministry of Territorial Policy and Public Administration have developed a draft Royal Decree implementing Law 37/2007 of 16 November, on re-use of public sector information 
According to the 2011-2015 Strategy of the Plan Avanza 2 adopted by the Council of Ministers on 16 July, the objective of this initiative is to establish, in the field of the Spanish General Administration, detailed rules developing the provisions of Law 37/2007, promoting and facilitating the availability of public sector information for its re-use, both for commercial and noncommercial ends.
Main elements of the draft Royal Decree
For this purpose, based on the general framework established by the Law 37/2007, of 16 November, and taking into account the needs identified after the first years of its application as well as in the course of the implementation of the Aporta Project (www.aporta.es), the draft decree regulates the following aspects:
o        It details the obligations of administrations and public sector bodies in promoting re-use:
o        Re-use of public sector information is authorized in general, provided that their access is not restricted by access rules.
o        Administrations and public sector bodies will proactively inform on re-usable information they possess.
o        Officers responsible for re-use are identified in each ministerial department or public body, establishing also a set of minimum functions.
o        Relevant coordination mechanisms are established in the field of the Spanish General Administration.

o        Public Sector Information Catalogue:
o        Legal support is given to the existing Public Sector Information Catalogue, initially created under the Aporta Project (www.aporta.es)
o        Administrations and public sector bodies will be responsible for keeping the Catalogue up to date.

o        Regulation of re-use modalities
o        The general rule is the provision of re-use under a limited number of general conditions established in the decree. The decree includes a legal notice template setting out the general conditions for re-use.
o        However, the decree provides some flexibility for those administrations and public sector bodies which need to establish additional specific conditions when deemed necessary.

o        Regulation of conditions applicable to the re-use of information subject to intellectual property rights or which contain personal data.
o        The licensing of intellectual property rights attached to re-usable information is streamlined with the re-use modalities established in the decree.
o        Specific rules are established for those documents which contain personal data so as to ensure the protection of personal data and privacy.
As provided in the Law 37/2007, the provisions concerning the re-use of public sector information do not change the rules governing access to administrative documents enshrined in our legal system, but provide added value to the right of access contemplating the basic regulatory system for re-use by others of information held by the public sector for commercial or noncommercial ends, in a framework of fair competition, regulating the minimum conditions for a second level of information processing that is generated by public bodies.
On the other hand, the draft Royal Decree does not develop the system of charges which can be established under the Law 37/2007, of November 16, this being a matter reserved for regulation by law.
Invitation to participate: Send your comments by December 15th, 2010
With the aim of making this draft decree available to the public and for obtaining input on its content a public consultation period is open until December, 15th 2010.
You may send your comments to the following email address: consultareutilizacion@mityc.es Listen
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About the LAPSI project

LAPSI is a project in the FP7 program of the European Union.
Legal Aspects of the Public Sector Information and Re-use.
Timespan: 30 months. Participants: 20 institutions and organistions. Coordinator: University of Torino.
Kick-off Meeting: Torino, 26-28 March, 2010

Role of HUNAGI in the LAPSI Project

HUNAGI contribution is related mainly to the Geographic Information which are produced, maintained and used in land management, including surveying, mapping, cadastre and land registration, remote sensing and serviced by relevant spatial data infrastructures. From a national economic point of view, the uniform land registration system operating in Hungary is one of the most important databases of the country. This system allows to obtain over the time updated legal and geometric data, as well as other information (e.g. on ownership, land uses, mortgages, etc.). The cadastral maps integrated into the uniform land registration system show spatial relations and references of rights, facts and other information appearing on the property sheets, serving as a basis of engineering planning for the national economy. The national spatial data infrastructure can be built on this uniform, authorized and public land registration system, in small partial modules, following the EU INSPIRE Directive. HUNAGI will participate to all Working Groups and actively take part to Working Groups 01, 03 and 04. It also makes its facilities available to host one of the thematic network seminars or conferences.

About the HUNAGI Team of the LAPSI Project

Team members:
Piroska Zalaba (FvM FTF www.fvm.hu), dr. Szabolcs Mihály (FÖMI www.fomi.hu), dr.József Mlinarics (MATISZ www.matisz.hu), Ferenc Hargitai (MATISZ www.matisz.hu), István Sponga (Neumann-Ház Nonprofit Kft www.neumann-haz.hu), Dr. Tamás A. Kovács (Dr. Kovács A. Tamás Ügyvédi Iroda www.kovacsatamasiroda.hu), Dr. Gábor Remetey-Fülöpp, Team leader (HUNAGI www.hunagi.hu)

Barkóczi Zsolt (HUNAGI www.hunagi.hu), Tóth Sándor (FVM FTF www.fvm.hu)
Klóser Anikó (Meh EKK www.ekk.meh.gov.hu), dr. Marosán Andrea (MeH EKK), dr. Csiszér Gábor (MeH EKK)
Temporal replacements: Éva Harbula for Dr. Szabolcs Mihály (FÖMI)

About the Team Leader

Gabor Remetey-Fülöpp is Secretary General of Hungarian Association of Geo- information/HUNAGI. He holds a degree in Civil Engineering (Budapest) and a second diploma in automation in geodesy. Among his numerous experiences he has been part of the EU Acquis-related institutional development project (1998-2006), of the EC INSPIRE Experts Team (2001-2006), and of the Drafting Team, National SDI Strategy (2004-2006). He also took part to ePSIplus activities.