How would you regulate PSI re-use?

Saturday 18 October 2008 7:50:01 pm

How would you regulate PSI re-use?

An interesting question was asked during the policy workshop 2: PSI: Regulation and Resolution that was held during the morning of the UK Office of Public Sector Information (OPSI) Conference titled: Unlocking the Potential of Public Sector Information

http://www.epsiplus.net/reports/opsi_conference_08

The question posed was:

“If you had a blank piece of paper, how would you regulate?”

The objective of the question was to stimulate the debate within the workshop. The question was asked following the first plenary session presentation titled: Where are we now? Charting Success & Navigating the Challenges and the workshop introduction. Both presentations set out what has been achieved by the UK Regulator for Public Sector information OPSI and the question was a supporting question to the wider question raised at the end of plenary session 1 which was: What are the next steps?

A person responding to the question - How would you regulate? had over 5 years of UK history with respect to regulating the re-use of public sector information.

To answer the question one maybe best to consider what was the objective of the European Union Directive 2003/98/EC? In brief the objective was to stimulate economic development across Europe through the exploitation of an under used existing public asset namely public sector information. The stimulus was aimed at two groups - the European Citizens and Organisations – re use of public sector information for non-commercial purposes and re-use of PSI for commercial purposes - both involve individuals, micro and small organisations. The Directive provided these people and organisations with a framework within which they could theoretically re-use public sector information safely and without threat. In summary the framework required the giants - the large public sector bodies; to operate in a way that protected the minute – the individual citizens of Europe and the micro and small entrepreneurial organisations.

By implication the Directive recognised the cultural issue of a large dominant public sector information suppliers.

The Public Sector by its nature tends to be slow to act and change.

If one then takes the above into consideration then the regulatory framework that should be implemented and established as part of the European Union Directive 2003/98/EC should be such that it favour's the minute rather than the giant whether the giant be a public sector body or a large global private sector body that re-uses public sector information - at least until the inertia has been overcome!

The regulator if there is one must keep this in mind so the answer to the question posed as to how would one regulate if one started afresh must include the following considerations:

1. Sanctions that are effective to change the behaviour. The sanctions need to be applied quickly and should be such that they have an impact on the offending party.
2. Address mechanisms that are simple, quick and cost effective. The address mechanism can be seen to have failed if it involves financial charges, involves legal advisors, and is presented in a style (language) that does not connect to the minute.
3. Regulator independence – if the regulator is a public sector information holder or has responsibility for managing some aspect of public sector information then there is a possibility that the regulators considerations maybe influenced by there other responsibilities.
4. Integration of regulators that regulate an aspect of public sector information especially with respect to access, sharing and re-use.

In a number of Member States the transposition of the Directive 2003/98/EC relies on existing forms of appeal and regulation such as a Parliamentary Ombudsman, an Administrative Court but are these process an effective regulator?

So considering all of the above – How would you answer the question:

“If you had a blank piece of paper, how would you regulate?”