THE COUNCIL,
HAVING REGARD to Article 5 b) of the
Convention on the Organisation for Economic Co-operation and Development of 14
December 1960;
HAVING REGARD to the Recommendation of the
Council concerning Access to Research Data from Public Funding [C(2006)184] and
the Recommendation of the Council on Broadband Development [C(2003)259];
HAVING REGARD to the aim to increase returns
on public investments in public sector information1 and increase economic and social benefits
from better access and wider use and re-use2, in particular through more efficient distribution,
enhanced innovation and development of new uses;
HAVING REGARD to the aim to promote more
efficient distribution of information and content as well as the development of
new information products and services particularly through market-based
competition among re-users of information;
CONSIDERING the usefulness of collectively
agreed principles for enhanced access and more effective use and re-use of public
sector information for both the public and the private sector;
RECOGNISING that efforts to improve the
access and use of public sector information need to take into account legal
requirements and restrictions, including intellectual property rights and trade
secrets, effective and secure management of personal information, confidentiality and national
security concerns, and fundamental principles including democracy, human rights
and freedom of information and that, consequently, certain principles contained in this
Recommendation regarding in particular openness and re-use, can be applied to a
different extent to different categories of public sector information;
On the proposal of the
Committee for Information, Computer and Communications Policy;
RECOMMENDS that, in establishing or
reviewing their policies regarding access and use of public sector information,
Member countries take due account of and implement the following principles,
which provide a general framework for the wider and more effective use of
public sector information and content and the generation of new uses from it:
- Openness. Maximising the availability of public sector
information for use and re-use based upon presumption of openness as the
default rule to facilitate access and re-use. Developing a regime of
access principles or assuming openness in public sector information as a
default rule wherever possible no matter what the model of funding is for
the development and maintenance of the information. Defining grounds of
refusal or limitations, such as for protection of national security
interests, personal privacy, preservation of private interests for example
where protected by copyright, or the application of national access
legislation and rules.
- Access and transparent conditions for
re-use. Encouraging
broad non-discriminatory competitive access and conditions for re-use of
public sector information, eliminating exclusive arrangements, and
removing unnecessary restrictions on the ways in which it can be accessed,
used, re-used, combined or shared, so that in principle all accessible
information would be open to re-use by all. Improving access
to information over the Internet and in electronic form. Making available
and developing automated on-line licensing systems covering re-use in
those cases where licensing is applied, taking into account the copyright
principle below.
- Asset lists. Strengthening awareness of what public
sector information is available for access and re-use. This could take the
form of information asset lists and inventories, preferably published
on-line, as well as clear presentation of conditions to access and re-use
at access points to the information.
- Quality. Ensuring methodical data collection and curation
practices to enhance quality and reliability including through co-operation
of various government bodies involved in the creation, collection,
processing, storing and distribution of public sector information.
- Integrity. Maximising the integrity and availability of
information through the use of best practices in information management.
Developing and implementing appropriate safeguards to protect information
from unauthorised modification or from intentional or unintentional denial
of authorised access to information.
- New technologies and long-term
preservation. Improving
interoperable archiving, search and retrieval technologies and related
research including research on improving access and availability of public
sector information in multiple languages, and ensuring development of the
necessary related skills. Addressing technological obsolescence and
challenges of long term preservation and access. Finding new ways
for the digitisation of existing public sector information and
content, the development of born-digital public sector information
products and data, and the implementation of cultural digitisation
projects (public broadcasters, digital libraries, museums, etc.) where
market mechanisms do not foster effective digitisation.
- Copyright. Intellectual property rights should be
respected. There is a wide range of ways to deal with copyrights on public
sector information, ranging from governments or private entities holding
copyrights, to public sector information being copyright-free. Exercising
copyright in ways that facilitate re-use (including waiving copyright and
creating mechanisms that facilitate waiving of copyright where copyright
owners are willing and able to do so, and developing mechanisms to deal
with orphan works), and where copyright holders are in agreement,
developing simple mechanisms to encourage wider access and use (including
simple and effective licensing arrangements), and encouraging institutions
and government agencies that fund works from outside sources to find ways
to make these works widely accessible to the public.
- Pricing. When public sector information is not provided
free of charge, pricing public sector information transparently and
consistently within and, as far as possible, across different public
sector organisations so that it facilitates access and re-use and ensures
competition. Where possible, costs charged to any user should not exceed
marginal costs of maintenance and distribution, and in special cases extra
costs for example of digitisation. Basing any higher pricing on clearly
expressed policy grounds.
- Competition. Ensuring that pricing strategies take
into account considerations of unfair competition in situations where both
public and business users provide value added services. Pursuing
competitive neutrality, equality and timeliness of access where there is
potential for cross-subsidisation from other government monopoly
activities or reduced charges on government activities. Requiring public
bodies to treat their own downstream/value-added activities on the same
basis as their competitors for comparable purposes, including pricing.
Particular attention should be paid to single sources of information
resources. Promoting non-exclusive arrangements for disseminating
information so that public sector information is open to all possible
users and re-users on non-exclusive terms.
- Redress mechanisms. Providing appropriate transparent
complaints and appeals processes.
- Public private partnerships. Facilitating public-private
partnerships where appropriate and feasible in making public sector
information available, for example by finding creative ways to finance the
costs of digitisation, while increasing access and re-use rights of third
parties.
- International access and use. Seeking greater consistency in access
regimes and administration to facilitate cross-border use and implementing
other measures to improve cross-border interoperability, including in
situations where there have been restrictions on non-public users.
Supporting international co-operation and co-ordination for commercial
re-use and non-commercial use. Avoiding fragmentation and promote
greater interoperability and facilitate sharing and comparisons of
national and international datasets. Striving for interoperability and
compatible and widely used common formats.
- Best practices. Encouraging the wide sharing of best
practices and exchange of information on enhanced implementation,
educating users and re-users, building institutional capacity and
practical measures for promoting re-use, cost and pricing models,
copyright handling, monitoring performance and compliance, and their wider
impacts on innovation, entrepreneurship, economic growth and social
effects.
INVITES:
Member countries to disseminate
this Recommendation throughout the public and private sectors, including
governments, businesses and other international organisations to encourage all
relevant participants to take the necessary steps to enhance access and promote
more effective use of public sector information;
Non-member economies to take
account of this Recommendation and collaborate with Member countries in its
implementation.
INSTRUCTS the OECD Committee for
Information, Computer and Communications Policy to promote the implementation
of this Recommendation and review it every three years to foster enhanced
access and more effective use of public sector information.
1 "Public sector
information" is broadly defined for purposes of this Recommendation as
"information, including information products and services, generated,
created, collected, processed, preserved, maintained, disseminated, or funded
by or for the Government or public institution", taking into account the legal
requirements and restrictions referred to in the last paragraph of the preamble
of this Recommendation.
2 This includes use
by the original public sector generator or holder or other public sector bodies
and further re-use by business or individuals for commercial or non-commercial
purposes. In general, the term "use" implies this broad spectrum of
use and re-use.