Lapsi Position Paper No. 2: The Exclusion of 'Public Undertakings' from the Re-Use of Public Sector Information Regime

in Open Data and Re-Use of Public Sector Information, D. Tiscomia (ed.), XX Riv. informatica e diritto 147 (2011)

5 Pages Posted: 22 Feb 2013

See all articles by Marco Ricolfi

Marco Ricolfi

University of Turin - Faculty of Law

Josef Drexl

Max Planck Institute for Innovation and Competition; Ludwig Maximilian University of Munich (LMU)

Mireille van Eechoud

Institute for Information Law University of Amsterdam - Faculty of Law

Manuel Salmeron

Independent

Cristiana Sappa

POLITO-Nexa

Prodromos Tsiavos

Independent

Julián Valero-Torrijos

iDerTec-Research Group on Innovation, Law and Technology. University of Murcia

Paolo Patrito

University of Turin - Faculty of Law

Francesca Pavoni

Independent

Date Written: May 31, 2011

Abstract

Should public undertakings be covered by the PSI Directive? The definitions of public sector bodies and bodies governed by public law, to which the PSI Directive applies, are currently taken from the public procurement Directives and public undertakings are not covered by these definitions. Should public undertakings be considered as public sector bodies in the meaning of the Directive? Are there public undertakings holding "interesting" PSI? Are there different definitions of national legislation leading to situations where bodies holding similar (public sector) data are in some Member States considered as public sector bodies falling under the PSI Directive and in other Member States considered as public undertakings? If public undertakings were to be covered by the PSI Directive, how should the definitions of public sector bodies and bodies governed by public law be amended? Should the definitions be detached from the public procurement definitions? Could data be considered as PSI if it was held by a privatised former public sector body?

Position Paper no. 2, The Exclusion of "Public Undertakings" from the Re-Use of Public Sector Information Regime, WG1 - Subgroup competition of the European Thematic Network LAPSI (Legal Aspects of Public Sector Information).

Keywords: Public Sector Information, Public Sector Bodies, Public Undertakings, Bodies Governed by Public Law, Former Public Sector Bodies

JEL Classification: K00, K23

Suggested Citation

Ricolfi, Marco and Drexl, Josef and van Eechoud, Mireille M. M. and Salmeron, Manuel and Sappa, Cristiana and Tsiavos, Prodromos and Valero, Julián and Patrito, Paolo and Pavoni, Francesca, Lapsi Position Paper No. 2: The Exclusion of 'Public Undertakings' from the Re-Use of Public Sector Information Regime (May 31, 2011). in Open Data and Re-Use of Public Sector Information, D. Tiscomia (ed.), XX Riv. informatica e diritto 147 (2011). Available at SSRN: https://ssrn.com/abstract=2218264

Marco Ricolfi (Contact Author)

University of Turin - Faculty of Law ( email )

Italy

Josef Drexl

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

Ludwig Maximilian University of Munich (LMU)

Munich, 80539
Germany

Mireille M. M. Van Eechoud

Institute for Information Law University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

HOME PAGE: http://www.ivir.nl

Manuel Salmeron

Independent

No Address Available

Cristiana Sappa

POLITO-Nexa ( email )

Italy

Prodromos Tsiavos

Independent

No Address Available

Julián Valero

iDerTec-Research Group on Innovation, Law and Technology. University of Murcia ( email )

Murcia, E-30001
Spain

Paolo Patrito

University of Turin - Faculty of Law ( email )

Italy

Francesca Pavoni

Independent ( email )

No Address Available

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