The PSI Directive, INSPIRE and MSFD: A
Complex Legal Framework for Selected
Markets
Roger Longhorn
Vice-Chair, GSDI Association, Outreach and Communication Committee
Information Policy Advisor, The Coastal & Marine Union (EUCC)
Member, LAPSI Advisory Board
ral@alum.mit.edu
LAPSI Public Conference, Milan, 5-6 May 2011
The PSI Directive – Serving a
Complex Information Market
Roger Longhorn
Vice-Chair, GSDI Association, Outreach and Communication Committee
Information Policy Advisor, The Coastal & Marine Union (EUCC)
Member, LAPSI Advisory Board
ral@alum.mit.edu
LAPSI Public Conference, Milan, 5-6 May 2011
PSI? It’s Everywhere!
• PSI is ubiquitous – a product of government –
originating at all levels of government.
• There is no single market for PSI – citizens,
governments, businesses.
• ‘PSI’ covers a multitude of data themes – and
thus potential information market sectors.
• Wider access to PSI is not the same thing as
permission to re-use (exploit) PSI in the
information market.
LAPSI Public Conference, Milan, 5-6 May 2011
PSI and INSPIRE #1
• INSPIRE – a pan-European Spatial Data
Infrastructure initiative.
• Forget the words ‘Spatial Data’!
• INSPIRE is about PSI that also happens to have a
‘location attribute’ associated with it.
• INSPIRE is an ‘information infrastructure’ that
encompasses 34 data themes – every one of
which is a type of PSI !
• INSPIRE’s real aim is to underpin data
interoperability for other existing and planned
future Directives.
LAPSI Public Conference, Milan, 5-6 May 2011
PSI and INSPIRE #2
• Like it or not – INSPIRE exists!
• The Directive exists and has been adopted by all EU
MS.
• EC Regulations already exist …
– Specifying how the metadata is to be constructed.
– Specifying how the data itself is to be encoded or
transformed into a common standard to achieve
harmonisation leading to interoperability.
– Specifying how the discovery, viewing, download
and transformation network services are to be
implemented.
– Setting out the data sharing and access principles (a
Council Decision).
LAPSI Public Conference, Milan, 5-6 May 2011
PSI versus INSPIRE #1
• PSI is descriptive – ‘this is what we would
like to see – and why – but exactly how is
really up to you’.
• INSPIRE is prescriptive – after the ‘Why?’ (in
the preamble), then …
• ‘this is what you will do – driven by a range
of EC Regulations containing specific
implementation instructions, standards,
rules, performance monitoring, etc.
LAPSI Public Conference, Milan, 5-6 May 2011
PSI versus INSPIRE #2
• Is one approach better than the other?
• You decide!
• PSI – too little instruction on ‘what’ to do to
achieve the goal of expanding use of PSI?
• INSPIRE – (maybe) too much instruction on
how to achieve data harmonisation and
systems interoperability?
• Is there a happy medium approach?
• Can lessons be learned from INSPIRE’s
implementation path that would benefit a
future revision of the PSI re-use Directive?
LAPSI Public Conference, Milan, 5-6 May 2011
PSI re-use was not created in a vacuum!
• Neither a policy vacuum nor a legal vacuum
• DIRECTIVE 2003/4/EC of 28 January 2003 on
public access to environmental information and
repealing Council Directive 90/313/EEC
• DIRECTIVE 2003/35/EC of 26 May 2003
providing for public participation in respect of
the drawing up of certain plans and programmes
relating to the environment and … with regard
to public participation and access to justice
• DIRECTIVE 2003/98/EC of 17 November 2003 on
the re-use of public sector information
LAPSI Public Conference, Milan, 5-6 May 2011
How does PSI re-use help?
• Government bodies have a mandate to
perform a range of ‘public tasks’.
• Among those public tasks, there is already a
requirement to make information (PSI)
available “to the public”.
• The Access to Environmental Information
Directive
• The ‘Aarhus Convention’ Directive
LAPSI Public Conference, Milan, 5-6 May 2011
Access to Environmental Information Directive
Article 1 (b):
“to ensure that, as a matter of course,
environmental information is progressively
made available and disseminated to the public
in order to achieve the widest possible
systematic availability and dissemination to the
public of environmental information. To this
end the use, in particular, of computer
telecommunication and/or electronic
technology, where available, shall be
promoted.”
LAPSI Public Conference, Milan, 5-6 May 2011
‘Aarhus Convention’ Directive
Article 2: Member States shall ensure that:
(a) the public is informed, whether by public
notices or other appropriate means such as
electronic media where available, about any
proposals …
Article 3 (3): (b) make available to the public
concerned the information obtained under
other forms of assessment referred to in point
(a), the information relating to the exemption
decision and the reasons for granting it;
LAPSI Public Conference, Milan, 5-6 May 2011
The role of the information industry?
• Information market actors…
(a) identify potential markets (sectors),
(b) develop information products or services to serve
those market sectors,
(c) exist to make a profit,
(d) are not inherently against paying for raw material!
• There is a role for the information industry to inform
the public…
• … by adding value to existing information resources.
• Should the public sector be creating added value
products or services? Is that a legitimate ‘public
task’?
LAPSI Public Conference, Milan, 5-6 May 2011
Some complex legal issues – an example
• UNESCO Intergovernmental Oceanographic
Commission (IOC)
• International convention
• Requires signatories to share oceanographic
data, worldwide – climate change, etc.
• IODE – 50 year anniversary in 2011
• Data principles – ‘free and open’, ‘no cost or
minimal cost’, no (few) restrictions on use/reuse
LAPSI Public Conference, Milan, 5-6 May 2011
Some complex legal issues – an example
• Certain hydrographic offices want to charge for their
data – are required to charge for their data - full cost
recovery with an RoI target – and strong IPR control.
• but … IOC Convention principles say the data should
ideally be free or ‘minimal cost’ and with few
restrictions on use/re-use.
• Much of this data can be considered to be
‘environmental’ – do the Directives apply?
• Much of this data is valuable to the info industry - to
create new products/services – vessel routing, coastal
management, etc.
• Some of this data is important for national defence (a
typical exemption).
LAPSI Public Conference, Milan, 5-6 May 2011
Some complex legal issues – an example
• Result?
• Data access, sharing, use/re-use principles of
an international convention are aligned with
the principles of related EU Directives …
• … but are at odds with:
a) common practice of a national body,
b) stated (and legal) cost recovery regime of a
national state,
c) perhaps even existing regulations in that
national state.
LAPSI Public Conference, Milan, 5-6 May 2011
In Conclusion
• Will we find a common, practical solution
covering access, sharing, use and re-use…
• … via one piece of legislation relating to PSI?
• I think not. Why?
• A multitude of overlapping legislation already
exists, even before we consider new potential
information requirements at state, regional or
global levels …
• … and rapid technological innovation and
evolution …
• … impacting on a ubiquitous product – PSI.
LAPSI Public Conference, Milan, 5-6 May 2011