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Best Practices/Respect legislation and stakeholders' rights
Share-PSI 2.0 Best Practice
Source: Best Practices/Stakeholders’ Interests and Rights, Best Practices/Traffic Light System For Data Sharing
Contents
Outline of the best practice
Legislation might place restrictions on what information can be made available for reuse. Stakeholders such as people or organizations that the information is about might also have legitimate interest in what is done with the information. Organizations selecting datasets to be made available for free reuse should only select datasets that can be published so without violating the relevant legislation or the stakeholders' interests.
Management summary
Challenge
Not every dataset or piece of information held or collected by an organisation can be made available for free re-use due to the legislative restrictions or due to the wish of a stakeholder.
Solution
When selecting datasets to be made available for free reuse, check what legislation applies to the candidate datasets and whether it allows the datasets to be published. Check also that sharing the datasets is not against the interests of the relevant stakeholders. If required check that permission was given by all the required stakeholders.
Best Practice identification
Why is this a Best Practice? What’s the impact of the Best Practice
Impact of the best practice is that only datasets that can be made available for reuse without violating the legislation or the relevant stakeholders' interests are selected for publication.
Links to the PSI Directive
Why is there a need for this Best Practice?
Privacy and confidentiality of information as well as other rights such as intellectual property rights need to be respected when selecting datasets for publication. Giving due consideration to the stakeholders' interests gives citizens and companies more confidence in government, and makes them more willing to supply information.
What do you need for this Best Practice?
Relevant legislation and stakeholders need to be identified for every datasets that is considered to be made available for free reuse. Classification of data/information sources according to their confidentiality or openness level helps to select datasets can be made available for reuse without restrictions.
Applicability by other Member States
Best practice is applicable across the member states. However note that the relevant legislation, e.g. privacy protection legislation, might differ between the member states.
Contact info
Jan Kucera (jan.kucera [at] vse.cz)