20 tal-2007 - Ordni ta’ l-2007 dwar l-Użu mill-ġdid ta’ Informazzjoni tas-Settur Pubbliku

L.N. 20 of 2007

EUROPEAN UNION ACT

(CAP. 460)

Re-Use of Public Sector Information Order, 2007

BY VIRTUE of the powers conferred by article 4(2) of the

European Union Act (Cap. 460), the Prime Minister has made the

following Order:-

(1) The title of this Order is the Re-Use of Public Sector

Information Order, 2007.

(2) The purpose of this Order is the implementation of the

provisions of Directive 2003/98/EC of the European Parliament and

the Council on the re-use of public sector information of the 17th

November 2003.

In this Order, unless the context otherwise requires

"document" covers any representation of acts, facts or

information - and any compilation of such acts, facts or information -

whatever its medium (written on paper or stored in electronic form or

as a sound, visual or audiovisual recording), held by public sector

bodies, but is not intended to cover computer programmes;

"public sector body" means the Government of Malta, Local

Councils, and public sector entities;

"public sector entity" means a body

(a)

established for the specific purpose of meeting

needs in the general interest not having an industrial or

commercial character; and

(b)

having legal personality; and

(c)

financed for the most part by the State or by Local

Councils or by other public sector entities or subject to the

management supervision by the Government, by Local Councils

or by other public sector entities, or having an administrative,

managerial or supervisory board, more than half of whose

members are appointed by the Government, by Local Councils

or by other public sector entities;

"re-use of documents" means the use by a person or legal entity

of a document held by a public sector body for a purpose other than

the initial purpose within that public sector body’s public task for

which the document was produced

Provided that re-use of documents shall not include

(a)

the transfer for use of a document within a public

sector body for the purpose of carrying out its own public task;

or

(b) the transfer for use of a document from one public

sector body to another for the purpose of either public sector

body carrying out its public task.

Where the re-use of documents held by Ministries, Re-use of public

departments and public sector entities is allowed, the following sector

information.

minimum set of rules governing the re-use and the practical means of

facilitating re-use of documents are to be followed.

A public sector body shall allow the re-use of public sector Re-use of

information in full compliance with the principles relating to the documents.

protection of personal data in accordance with the provisions of the

Data Protection Act.

(1) The following documents are specifically excluded Documents

which are

from the provisions of this Order

excluded.

(a)

documents the supply of which is an activity falling

outside the scope of the public task of the public sector bodies

concerned;

(b) documents for which third parties hold intellectual

property rights;

(c)

documents which are excluded from access by virtue

of the rules of access of Government, including on the grounds

of

(i) the protection of national security, defence or

public security, and

(ii) statistical or commercial confidentiality;

(d) documents held by public service broadcasters and

their subsidiaries, and by other bodies or their subsidiaries for

the fulfilment of a public service broadcasting remit;

(e)

documents held by educational and research

establishments, such as schools, universities, archives, libraries

and research facilities including, where relevant, organisations

established for the transfer of research results, as well as

research units within public sector bodies; and

(f)

documents held by cultural establishments, such as

museums, libraries, archives, orchestras, operas, ballets and

theatres.

(2) The transfer for use of a document within a public sector

body for the purpose of carrying out its own public task, or the

transfer for use of a document from one public sector body to another

for the purpose of either public sector body carrying out its public

task, shall not be considered as re-use.

(1) Requests for re-use of information are to be

addressed to the Department of Information, 3, Castille Place, Valletta

(info.doi@gov.mt) in the case of Government Ministries and

Departments, and to the respective entity in the case of all other

pertinent public sector bodies.

(2) A request for re-use shall

(a)

be in writing (including e-mail), in a form that can

be filed for future reference;

(b) state the name of the applicant and an address for

correspondence;

(c)

indicate the document requested for re-use; and

(d)

state the purpose for which the document is to be re-

used.

(1) Where no time limits or other rules regulating the

timely provision of documents have been established by law, a

request for re-use shall be answered promptly and in any case before

the end of the twentieth working day beginning with the day after

receipt.

(2) Where the documents requested for re-use are extensive in

quantity or the request raises complex issues the twenty working day

period for responding may be extended by another twenty working

days. When an extension is required, the applicant is to be notified in

writing before the end of the twentieth working day beginning with

the day after receipt, of the need for an extension, and of the

estimated date by which to expect a reply.

(1) When a request for re-use is not accepted, the Notification of

applicant is to be informed in writing of the reason for such refusal. refusal.

The notification of refusal is to contain a reference to the means of

redress available to the applicant.

(2) When a request for re-use is refused because a third party

owns relevant intellectual property rights in the document, the

notification of refusal shall indicate, where known, a reference to the

natural or legal person who is the rightholder, or alternatively to the

licensor from which the public sector body has obtained the

document.

(1) A document is to be made available to the applicant Format of

in the format and language in which it exists on the date of response documents.

to the request for re-use. Where possible and appropriate, a document

shall be made available for re-use by electronic means.

(2) Public sector bodies shall not be obliged to

(a)

create or adapt a document in order to comply with a

request for re-use; or

(b) provide an extract from a document where to do so

would involve disproportionate effort; or

(c)

continue to produce a certain type of document for

the purposes of re-use by others.

(1) Where it is deemed appropriate by the public sector Conditions for

body that conditions on re-use are imposed, such conditions shall not re-use.

be discriminatory, nor shall they be such as to unnecessarily restrict

the way in which a document can be re-used.

(2) In cases where the re-use of documents may be authorised

subject to a licence imposing conditions (dealing with issues such as

liability, the proper use of documents, guaranteeing non-alteration

and the acknowledgement of source), the said licence conditions shall

be fair and transparent.

(3) If a public sector body which holds a document wishes to

re-use the document for its commercial activities which fall outside

the scope of its public task, the same conditions shall apply to that re-

use as would apply to re-use by any other applicant.

(1) A public sector body shall not enter into an Exclusive

exclusive arrangement (contract or any other arrangement granting an arrangements.

exclusive right to re-use a document) with any person, including an

applicant, except where necessary for the provision of a service in the

public interest. Where an exclusive arrangement is entered into, the

validity of the reason for granting such an arrangement is to be

reviewed at least once every three years. Any exclusive arrangement

permitted and entered into on or after 31 December 2003 shall be

published by the public sector body within thirty days from the date

of the coming into force of this Order or from the date of such future

exclusive arrangement as the case may be.

(2) Any exclusive arrangement, other than one arising from

the necessity to provide a service in the public interest, shall be

terminated at the date on which it comes to an end in accordance with

its terms, or on the 31 December 2008, whichever is the earlier.

(1) Where a public sector body charges for allowing re-

use, the total income from any charge shall not exceed the sum of the

cost of collection, production, reproduction and dissemination of the

documents, together with a reasonable return on investment.

(2) Any charges for re-use should be cost-oriented over the

appropriate accounting period and calculated in accordance with the

accounting principles applicable to the public sector body concerned,

and on the basis of a reasonable estimate of the demand for

documents over the appropriate period.

(3) Where a public sector body charges for re-use, so far as is

reasonably practicable, it shall establish standard charges. A public

sector body is to specify in writing the basis on which a standard

charge has been calculated if requested to do so by an applicant.

(4) Where a standard charge for re-use has not been

established, the public sector body shall specify in writing the factors

that will be taken into account in calculating the charge if requested to

do so by an applicant.

A public sector body shall ensure that the following

information is made available to the public (where possible and

appropriate by electronic means)

(a)

any applicable conditions for re-use, including any

licence terms involved;

(b)

any standard charges for re-use;

(c)

a list of main documents available for re-use; and

(d) details of the means of redress available to the

public relating to any decision regarding re-use of documents.

(1) The internal complaints procedure for dealing with Complaints

procedure.

complaints relating to actions in this area shall be as follows

(a)

in the case of Government Ministries and

Departments, complaints are to be addressed to the Department

of Information, 3, Castille Place, Valletta (info.doi@gov.mt), or

submitted

through

the

Servizz.gov.mt

website

(www.servizz.gov.mt); and

(b) in the case of all other public sector bodies,

complaints shall be referred to the particular entity. Where the

said entity has a customer care unit complaints shall be referred

to the entity through its respective customer care unit.

(2) Any complaints are to be submitted in writing. A public

sector body must determine any complaint within a reasonable time

and thereafter notify the person of its decision without delay in

writing, giving reasons for its decision and also indicating the means

of redress available where appropriate.

(1) Where a person has exhausted the procedure Appeals.

established in respect of any complaint or where the public sector

body has failed to deal with a complaint within a reasonable time, the

person may refer the complaint to the Principal Permanent Secretary,

Office of the Prime Minister, Auberge de Castille, Valletta

(pps@gov.mt ), who will act as the appellate body in all cases.

(2) Any appeal shall

(a)

be made in writing;

(b)

state the nature of the complaint; and

(c)

include a copy of the written notification of the

decision being appealed.

(3) The appellant and the relevant public sector body shall be

informed in writing about the outcome of the appeal, which shall

include a recommendation, giving reasons for the decision.