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Legal basis for implementation of the Open Data Portal
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Legal basis for implementation of the Open Data Portal

The construction of Open Data Portals is part of your strategy and supports the implementation of objectives related to and resulting from legal regulations and the programme of extending access to public data.

Legal basis for implementation of the Open Data Portal
Open Data

Open Data Portal – legal regulations

What are the legal bases of the Open Data Portal? Public information is a concept defined in the Act of 6 September 2001 on access to public information. Pursuant to Art. 1 of this Act: i) “Any information on public matters constitutes public information within the meaning of the Act and is subject to disclosure and reuse under the rules and procedures specified herein”.i Art. 4 of the Act indicates the entities obliged to disclose public information, and Art. 6 lists (not closed) examples of public information. The entities are obliged to provide information by making it available in bulletins, announcements (the so-called active mode) and upon request (the so-called passive mode).

The Act of 25 February 2016 on the re-use of public sector information for re-use lays down rules and procedures for making available and transmitting public sector information for re-use, the entities that make it available or transmit it, the conditions for re-use and rules on charging for re-use. The law implements within the scope of its regulation the provisions of Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90) as amended by Directive 2013337/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 (OJ L 17511).

20 September 2016. The Council of Ministers adopted a resolution on the establishment of a ‘Public Data Opening Programme’. In the introduction, the potential and objectives of making public data available were identified: and ‘Public administration produces and collects huge amounts of data. They can provide a foundation for the creation of innovative goods, services and products that stimulate the development of the economy by creating new jobs and encouraging investment in creative industry. Access to data or, more broadly, to information for those concerned is a fundamental instrument of social control over the activities of the state, increasing accountability and transparency of the administration. The economic and social potential of open data has been recognised and quantified. The European Commission has assessed the economic benefits of the open data market. In 2016, the direct size of the open data market is expected to be €55.3 billion for the EU 28+. Between 2016 and 2020, the size of the open data market is expected to increase by 36.9% to €75.7 billion in 2020, taking into account inflationary adjustments. Thus, in the period 2016-2020, the direct size of this market will be EUR 325 billion.

Implementation of the Open Data Portal

The aim of opening public data is, among other things, to increase the participation of citizens in co-decision on public matters. The strength of open data is not only the creation of jobs in innovative branches of the economy, but also the analysis of social problems and the response to them, and consequently the reduction of poverty’.

The evaluation of barriers to accessing public data carried out by the Ministry of Digitalisation shows that, apart from the problems of data quality, the most important problem is the lack of access to data on the Internet. Therefore, the implementation of the Open Data Portal is very important.

The construction of Open Data Portal is part of your strategy and supports the implementation of objectives related to and resulting from legal regulations and the programme of extending access to public data. The implemented Open Data Portal should comply with the applicable legal regulations concerning the use of and access to public information, SI security standards and recommendations concerning the creation of Internet content accessible to a wider group of disabled users.

The implementation of the Open Data Portal pursues the specific objectives specified in the Resolution

  • Support for innovative companies and the creative industry, which will contribute to economic growth and the development of entrepreneurship in the creative industry.ili
  • Impact on job creation resulting from the development of new services and applications based on data collected by public entities.ili
  • Increasing the transparency and efficiency of the activities of administrative authorities, improving the functioning of offices and the possibility for citizens to participate in the exercise of power, analysis or re-use of public data.
  • Support for horizontal implementation of actions indicated in the European Commission’s report Open Data Maturity in Europe.ili

Support for the implementation of the Plan for responsible development (economic growth, development of innovative companies, more efficient administration, the idea of Paperless Poland, i.e. ensuring electronic document circulation in administration and economy).

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