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European Union Act (Cap. 460) Re-Use Of Public Sector Information Order, 2007 (L.N. 20 Of 2007 )

EUROPEAN UNION ACT (CAP. 460)Re-Use of Public Sector Information Order, 2007

Citation and scope.

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:-

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.

Definitions. 2. 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;
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"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.

(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;

Re-use of public sector information.

Re-use of documents.

Cap. 440. Documents

which are

excluded.

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(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.

Application procedure for re-use.

Processing request for re- use.

(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.

(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.

(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.
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(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.

(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.

(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.

Notification of refusal.

Format of documents.

Conditions for re-use.

Exclusive arrangements.

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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.

Charges. 12. (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.

Information to be published by a public sector body.

(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) 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.
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(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.

(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.

Complaints procedure.

Appeals.