The first PSI (Public Sector Information) directive, known as PSI 1 of the European Parliament and of the Council, published on November 17, 2003 on the re-use of public sector information, established a minimum set of rules concerning the re-use and the means to facilitate the re-use of existing documents held by bodies of the Member States of the European Union. It was transposed into French law on June 6, 2005 and specified by decree on December 30 of the same year.
This directive has resulted in a greater dissemination of public information and data in the European Union's public information systems. It was justified by various elements inherent to the internal market.
The Treaty of the European Union provides for the establishment of an internal market, as well as a regime ensuring that competition in the internal market is not distorted. Harmonisation of the rules and practices of the Member States on the use of public sector information contributes to the achievement of these objectives. Public sector information is an important raw material for digital content products and services.
Improving the possibilities for re-use of public sector information should, among other things, enable European businesses to exploit the potential of this information and contribute to economic growth and job creation.
There are significant differences in the rules and practices of the Member States regarding the exploitation of public sector information, which hinder the full realization of the economic potential of this essential resource.
It was therefore important, through this first directive, to establish a general framework setting out the conditions for the re-use of public sector documents in order to ensure that these conditions are fair, proportionate and non-discriminatory.
PSI Directive 2
The first revision of the ISP 1 directive took place on June 26, 2013, with a new directive known as ISP 2.
This text was transposed by the so-called Valter law of 2015 and its provisions included in Book III of the Code of Relations between the Public and the Administration(CRPA). This national law went further than the directive by establishing the principle of free open data by default of public information, with the possibility, by exception for administrations, to charge fees.
PSI Directive 3
Currently, the directive is being revised once again and will become the ISP 3, with the objective of establishing new rules to promote the development of open data at the European level. On some points, France is already ahead of the curve, thanks to the aforementioned Valter law.
The directive currently being recast sets out new principles.
All public sector content is in principle freely available for re-use. Public sector bodies will not be able to charge more than the marginal cost of re-using their data, except in very limited cases. The aim is to enable more SMEs and startups to access new markets for data-driven products and services.
Particular attention is given to the so-called High Value Datasets, listed in Annex I of the draft directive, such as statistics, business and corporate ownership data, or geospatial data. These datasets have strong commercial potential and can accelerate the emergence of a wide variety of value-added information products and services. The implementing act establishing the list of high-value data will be adopted during 2021.
Public enterprises in the transportation and utilities sectors generate valuable data. Where their data is available for re-use, it will now fall under the Open Data and Public Service Information Directive.
More real-time data, available through APIs, will enable companies to develop innovative products and services. Publicly funded research data is also included in the scope of the directive: Member States will be required to put in place open access policies for publicly funded research data.
The directive will be adopted in June of this year and will have to be transposed by the EU Member States within two years.
