Spain: Open By Default!
Today Spain took a big leap forward, modernizing its PSI re-use regime, through the adoption of a Royal Decree, following a public consultation at the end of last year. The Proyecto Aporta team has published a blog item, explaining the decision.
Briefly put, the new rules start from the basic principle that, as a rule, PSI should be open for any re-use and available by default, combined with a ‘comply or explain’ obligation, meaning that public sector bodies must follow this principle, unless they can proof – putting the burden thereof on their shoulders - that there are good grounds for an exception. Next to that, the new regime also establishes practical mechanisms that will make life of the re-users easier, including: rules on accessibility (enhancement of the existing PSI catalogue, pro-active publication schemes to be followed), the appointment of public servants responsible for the implementation and sound application of the new rules and the provision of (CC0 type) standard licenses. Read more about the content of the Royal Decree.
The character of the Spanish leap forward may well reflect the flavor of Commissioner Smit Kroes’ proposal for the review of the PSI Directive, which is expected by the end of next month. The final text of the Decree will be published shortly in the Official Gazette (an informal translation into English is expected to be published in the coming weeks).