SOU 2014:10 Ett steg vidare/Summary
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Summary
The Inquiry has two tasks. The first is to propose the amendments
to the Act on the re-use of public administration documents
(2010:566) that are necessary for the implementation of Directive
2013/37/EU of the European Parliament and of the Council of 26
June 2013 amending Directive 2003/98/EC on the re-use of public
sector information (PSI Directive). The second task is to analyse
and propose other measures that could help to promote greater
re-use of public administration documents.
The aim of increasing such re-use is that it can contribute to economic growth, greater openness and better service for citizens. Various estimates point to considerable value for society.
To implement the amendments in the PSI Directive, the Inquiry proposes the following amendments to the Act on the re-use of public administration documents.
- The scope of application of the Act should be broadened so as to also include archives, libraries (including higher education institution libraries) and museums.
- A new main rule should be introduced determining how much can be charged for access to documents.
- A general principle should be introduced to the effect that documents that are covered by the Act and that government agencies have at their disposable may be re-used.
To make the Act clearer and easier to apply, the Inquiry proposes that the term ‘commercial activity’ be amended to ‘activity subject to competition’ in the provision on which documents are not covered by the Act. The Inquiry also proposes that agencies should be obliged to provide information about their documents and the terms for re-using them, and that a supervisory function is established to prevent discriminatory terms. Finally, the Inquiry proposes that decisions not to disclose documents should be issued in writing so as to make it easier to appeal against them.
The Inquiry’s analysis of measures that could promote increased re-use has resulted in a number of proposals. As the Act on the re-use of public administration documents is in itself not sufficient to advance developments, the Government needs to direct agencies so that they take the measures necessary for making their information easier to re-use.
An important part of this governance is deciding how agencies are allowed to charge for their documents. In this regard, the Government must take into account the new main rule for fees. This governance should also focus on the fact that some agencies’ culture and attitudes towards re-use may need to change. For the Government to be able to govern agencies and take appropriate measures, developments need to be monitored and the various measures need to be evaluated.
To make re-use easier, the Inquiry considers that continued measures are needed to standardise agencies’ information, e.g. with regard to the concepts and terms used when information is presented. The Inquiry proposes that a shared portal be established that could function as a point of entry to information held by various parts of the public sector.
Essentially all government agencies and municipalities need to take measures to comply with the rules proposed by the Inquiry. In support of this, clear and up-to-date guidelines are needed that describe the regulations and which measures should or can be taken to help move developments in the right direction.
The Inquiry proposes that a number of agencies be given new tasks as a result of the various proposals. In most cases these would be minor changes with a clear link to the agency’s current assignment. This applies to the National Financial Management Authority and the Swedish Competition Authority. The Inquiry proposes that the National Archives be given responsibility for the shared portal and for drawing up regulations on how government agencies are to provide information about the documents they are able to make available for re-use.
The PSI Directive does not imply any changes to the rules that exist concerning the right to access documents. But as increasing amounts of information are being disseminated and used for various purposes, there is an increased risk of information being used incorrectly or inappropriately. This places demands on agencies, which must have efficient systems and routines for safeguarding the security of information.