Towards the 2008 review of the Directive on PSI re-use. epsiplus Italian National Meeting. Public Sector Information: la prospettiva Italiana.

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1 Europe s one-stop shop on Public Sector Information re-use Towards the 2008 review of the Directive on PSI re-use epsiplus Italian National Meeting Public Sector Information: la prospettiva Italiana Report Rome, Italy 13 February 2009 Prepared by: Marc de Vries, epsiplus Analyst In collaboration with Paola Mazzucchi, Associazione Italiana Editori (AIE) 20 February 2009 epsiplus is funded under the European Commission econtentplus programme

2 Europe s one-stop shop on Public Sector Information re-use This report has been produced and prepared as deliverable of the epsiplus project. Best endeavours have been taken to ensure the document is correct at the time of publication. Contributions and feedback are welcome and should be submitted to Marc De Vries The report maybe reproduced providing acknowledgement is made to this report and the epsiplus Thematic Network. For further information visit Europe s one stop shop on Public Sector Information at: Legal Disclaimer 2009 epsiplus - This document and all material therein has been compiled with great care; however, the author, editor and/or publisher and/or any party within the epsiplus project or its predecessor epsinet consortium cannot be held liable in any way for the consequences of using the content of this document and/or any material referenced therein. epsiplus is funded under the European Commission econtentplus programme

3 Europe s one-stop shop on Public Sector Information re-use TABLE OF CONTENTS 1. Introduction 1 2. Legal and regulatory progress and impact Status of transposition Extent to which the provisions of the Directive are affecting changes in national law Assessment of the requirement to extend the scope of the Directive Good and bad practices Next steps to be taken on a National level Judgements and decisions (by courts, regulatory bodies and advisory panels) 5 3. Public sector organization and culture change Experiences of national government in complying with the Directive and supporting re-use Models of Public-Private Partnership occurring at various stage of the value chain Impact of relevant initiatives of national and local government to support making PSI easily available to private sector for re-use Next steps to be taken on a National level Exclusive agreements still in power and initiatives to phase them out Good and bad practices 6 4. Encouraging PSI reuse businesses Factors underlying demand for and creation pan-european products Inter-sector learning and analysis: what makes some sectors more successful in PSI re-use business and what lessons can be transferred? Possibilities for a Pan-European forum on PSI-re-use Good and bad practices Next steps to be taken on a National level 7 epsiplus is funded under the European Commission econtentplus programme

4 Europe s one-stop shop on Public Sector Information re-use 5. The financial impact: pricing and charging Effects of the Directive on the PSI value chain Developments in pricing and charging policies Outstanding national policies and conditions which are at variance with maximising the economic benefit of added-value PSI Good and bad practices Next steps to be taken on a National level 8 6. Information management, standards and data quality Impact on data quality for business re-use of public sector interventions, including through types of PPP Acceptable data quality for PSI re-use in different key sectors Good and bad practices Next steps to be taken on a National level 9 7. National situation: specific issues 10 ANNEXES 11 ANNEX 1: Meeting Agenda ANNEX 2: Participant List epsiplus is funded under the European Commission econtentplus programme

5 Executive Summary This document reports on the Italian national meeting Public Sector Information: la prospettiva Italiana, which was held on the 13 February 2009 in Rome, Italy. The meeting was organised by the epsiplus National Representative organisation, the Italian Publishers Association, Associazione Italiana Editori (AIE) 1, in collaboration with the Confindustria Servizi Innovativi e Tecnologici (CSIT) 2. CSIT represents Italian ICT companies involved with PSI re-use and is a member of the PSI Alliance Board (Pan European Industry Action Group). The report follows the epsiplus structure for reporting on national meetings. It aims to document for epsiplus stakeholders the substance and outcome of the epsiplus Italian national meeting. The report was written by produced by Marc de Vries, epsiplus Analyst, in collaboration with the Italian host Ms Paola Mazzucchi, AIE, Italian Publishers Association. The meeting fully met its objectives to inform the target audience on the developments related to the PSI Directive and to bring together representatives from the public and private sector and academic circles and to enable discussions about the PSI Directive and PSI re-use. 1. Introduction The main aims of the meeting were as follows. 1. Inform stakeholders on developments related to PSI re-use in Italy. 2. Encourage dialogue between holders and re-users of PSI from various sectors. This workshop style meeting brought together the relevant stakeholders in the Italian PSI reuse market, both re-users and dataholders. The meeting structure was intended to create open cross-sector discussions, possibly leading to the creation of working groups on themes related to the re-use of PSI. The agenda was structured around three main sessions (see Annex 1 for Meeting Agenda). The European Framework The Italian Framework Sector-Specific Issues (round table discussion involving PSI re-users and dataholders (i.e., cadastral, data, business, electoral) Participants The 21 meeting participants included representatives of the public and the private sector, as well from the scientific community (see Annex 2 for Participant List). This relatively small group made possible focused and lively discussions with lots of interaction among presenters and participants. 1 _italiana_editori_aie 2 and 1

6 Presentations All presentations given during the meeting are available on the epsiplus website 3. General introduction After the general meeting introduction by Piero Attanasio, responsible for EU projects within the (AIE) Italian Publishers Association, the European perspective was introduced by Luis Ferrão - DG Information Society and Media - Access to Information Unit, giving details on the European policy background and future. Marc de Vries, epsiplus Legal Analyst, followed by giving a short overview of the history of PSI re-use policy and making a tour d Éurope highlighting interesting developments. Picture of the Italian situation A picture of the Italian situation was provided both from the re-users and the public sector perspectives. Re-users were represented by Luigi Perissich, General Director of CSIT and PSI Alliance Board Member, pointing out the role that a sustainable policy for PSI re-use could have in triggering the economic growth of Italian businesses and at the same time enhancing services for the citizens. The public sector point of view was described by Orietta Maizza, Responsabile dell Ufficio Affari internazionali del Dipartimento per l innovazione e le tecnologie, stressing the need for cultural change within the public sector, which could also be enhanced by more cooperation between the private and public sectors. Best practices presented were aimed at demonstrating that PSI can be effectively exploited in the framework of the public task, without competing with re-users thus generating value along the whole PSI value chain. Andrea Muraca, CSI Piemonte, gave a presentation on the new PSI asset list created by the regional government of Piemonte; and Juan Carlos De Martin - NEXA center for Internet & Society, provided details of PSI related research trends followed by researchers of Politecnico University in Torino. Emanuele Forma - President of ACIF (Associazione Consulenti di Informazioni Finanziario- Immobiliari), provided an example from the cadastrial data sector and Piero Attanasio, AIE (Italian Publishers Association), considered the example of legal data publishers, focusing on the social and economic damages caused by an incorrect approach to PSI re-use. Round table highlights 1. There was general agreement that PSI represents a source for economic growth and employment, especially in connection with the new possibilities that ICT offers. 2. There are significant opportunities for PSI re-use in Italy which have been under exploited. There is a lot of work to be done. The public and private sector working together rather than opposing each other is the better approach. 3. Innovation should be the keyword both for re-users and for the public sector. 4. Discussions brought out the point that it is extremely important to distinguish between reuse and access. Re-use deals with market players, whereas access, in its strict form, deals with democratic processes. 5. It was also stressed that there is an urgent need to come to an agreed definition of value added services in opposition to public task : the distinction between the two needs to be clear. 3 Meeting presentations 2

7 6. In particular, a higher availability of digitalised public data would allow the development of applications and content-services, which, in turn, would trigger the development of ICT technologies such as broadband. The Policy future 1. epsiplus has provided opportunities for both re-users and public sector to enhance their knowledge across the different PSI sectors and developments in other European countries and has therefore provided valuable benchmarks and stimulus for future activities. 2. PSI has not been a priority on the Italian Government agenda. However, there are changes going on, for example, as new regulations are being discussed in Parliament, PSI re-use is mentioned as a separate point. 3. Re-users invite the European Commission to further assess and evaluate the impact that the Directive has on cultural change in Member States, both for the public sector and for private re-users, possibly with the support of the PSI Alliance. 4. There was agreement among the participants that continued collaboration and discussions among all stakeholders would be very useful and is needed. Thus, opportunities for creating more occasions for discussions and setting up working groups will be investigated and pursued. 3

8 2. Legal and regulatory progress and impact 2.1 Status of transposition The Directive was implemented in 2006 by D. Lgs n. 36/ Extent to which the provisions of the Directive are affecting changes in national law Immediately after the transposition of the Directive, studies on the state of the art in the PSI domain were commissioned by the national government to CNIPA 4 the public body in charge of the development of ICT projects on behalf of the public sector. In 2007, CNIPA asked local and central administrations whether they were providing on line meta information about their PSI. Interestingly, there were only 22 yes responses out of 51. Probably, this can partly be explained because egovernment policy initiatives have been internally focused aiming to create more efficient government and not looking for opportunities outside of government. Therefore, egov programs mainly have goals such as the digitization of public sector processes, system interoperability and the overall enhancement of the ICT level of public sector, which is still dramatically low. However, there is a change going on, for example, as new regulations are being discussed in Parliament, PSI re-use is mentioned, although there is no explicit reference to the Directive. This may serve as an opportunity to revitalize the debate on PSI re-use. 2.3 Assessment of the requirement to extend the scope of the Directive The case of cultural heritage, in particular museums collections, was briefly discussed. It was agreed that the Italian regulation on the matter prevents effective re-use of this PSI because of the high pricing and time consuming licensing procedures, but during discussions no need for the inclusion of such material within the scope of the Directive emerged. 2.4 Good and bad practices There is already evidence coming to light on good practices. The government of the Piemonte Region 5 has started to integrate all sorts of PSI (e.g., geographical information, legal information, policy information, tourist information). Initially this initiative was embarked upon to share this information internally. Gradually, however, the notion emerged (also triggered by requests from the private sector) that the compilation could also serve as a rich source for informing their citizens and also for PSI re-use by allowing businesses to add value to it. Thus, the Piemonte government has now created standard licences, in full conformity with the PSI Directive rules hereon (and the respective regional rules DGR 11/1161 art 4. Protocollo d'intesa per la condivisione, valorizzazione e diffusione del patrimonio informativo della Regione Piemonte). In March guidelines for licensing will be issued

9 The meeting heard about the case of Associazione Consulenti di Informazioni Finanziario- Immobiliari (ACIF) 6 versus the Agenzia del Territorio 7 (The Land Registry). Agenzia del Territorio had launched its own value added service based on cadastral data and at the same time increased the financial charges for re-use by 600%. As a consequence the number of people employed within the existing private sector companies fell by 28% as well as a significant fall in their revenues. The Court found in the favour of the re-users as a result of Agenzia del Territorio unfair competition practices. The first reimbursement to the re-users was reported at the meeting to be in the region of 10 million with the total reimbursement due to re-users for compensation for the lost profit in the region of 30 million. A transcript of the Court hearing has been published 8 by the Università degli Studi di Perugia Next steps to be taken on a National level While there was no discussion about steps to be taken at the national level, the need for ongoing consultation among stakeholders was agreed on both sides Judgements and decisions (by courts, regulatory bodies and advisory panels) See 2.4 for details of the ACIF vs Agenzia del Territorio case This excerpt has also been published as news on the epsiplus web portal. 5

10 3. Public sector organization and culture change 3.1 Experiences of national government in complying with the Directive and supporting re-use It was pointed out that PSI re-use issues have not been on the priority list of the Italian Government agenda. Moreover, the point was brought up that in Italy the public sector has traditionally have looked at PSI in a proprietary manner. Re-use has not been in the DNA of Italian society (like it is for instance in the UK and the US). Where ICT is now allowing the copying of information, from a technical point of view, almost endlessly, this creates a clash with the Italian public sector culture. This results in mutual misunderstandings between dataholders and re-users. Therefore, a change in culture is needed. Obviously, this will need time to happen. 3.2 Models of Public-Private Partnership occurring at various stage of the value chain None discussed. 3.3 Impact of relevant initiatives of national and local government to support making PSI easily available to private sector for re-use None discussed. 3.5 Next steps to be taken on a National level None discussed Exclusive agreements still in power and initiatives to phase them out None discussed. 3.7 Good and bad practices See section 2.4 for the Piemonte Region s innovation in creating licenses for PSI re-use. A further example for the need of cultural change in the public sector concerning re-use issues is provided by the neverending story around legal data. The problem is the misunderstanding between re-use and access. Access must be granted to citizens by the public sector. Re-use and value added services to professionals are better provided by business. From time to time, there have been attempts by the public sector to set up infrastructures and services aimed to provide the same added value services offered by private companies to professional users. The argument sustained by the public sector has always been that they need to provide free access to citizens to basic legal information, which is very laudable. However, in reality, the implementations of such regulations have always been addressed to professional users (e.g. legal databases with professional query systems) and thus fully overlapping publishers activities, without taking into account citizens interests. Since these initiatives were not effective in practice, they haven t seriously affected the market. However, the Parliament is now discussing the issue of legal databases overlapping with the work of publishers and leading to the risk of killing an already established market. Re-users are therefore seeking an effective way to discuss and collaborate with the public sector on these issues. 6

11 4. Encouraging PSI reuse businesses 4.1 Factors underlying demand for and creation pan-european products Not discussed. 4.2 Inter-sector learning and analysis: what makes some sectors more successful in PSI reuse business and what lessons can be transferred? Not discussed. 4.3 Possibilities for a Pan-European forum on PSI-re-use Not discussed. 4.4 Good and bad practices Not discussed. 4.5 Next steps to be taken on a National level Not discussed. 7

12 5. The financial impact: pricing and charging 5.1 Effects of the Directive on the PSI value chain Not discussed. 5.2 Developments in pricing and charging policies See 2.4 for details of the ACIF vs Agenzia del Territorio case involving cadastral data. 5.3 Outstanding national policies and conditions which are at variance with maximising the economic benefit of added-value PSI Not discussed 5.4 Good and bad practices See 2.4 for details of the ACIF vs Agenzia del Territorio case involving cadastral data. 5.5 Next steps to be taken on a National level Not discussed 8

13 6. Information management, standards and data quality 6.1 Impact on data quality for business re-use of public sector interventions, including through types of PPP Not discussed. 6.2 Acceptable data quality for PSI re-use in different key sectors The point was made that each type of PSI has its own characteristics. For instance, meteorological data loses value after one day, whereas legal data does not. This needs to be taken into account in establishing the relationship with re-users. Moreover, the importance of metadata and semantic classifications was highlighted in terms of enhancing access to data according to users profiles. Thus, services for citizens (public tasks) and added value services can be differentiated. Web 2.0 technologies were mentioned as an innovative way for the public sector to exploit raw data and build new services for citizens. 6.3 Good and bad practices See section 2.4 for the Piemonte Region s innovation in creating asset lists and licenses for PSI re-use. The case of CSI Piemonte provides good practice related to information management standards and data quality with a the PSI asset list was developed based on asset available at a regional level only including the databases that could be accessed and re-used. In addition, CSI Piemonte strongly focused on metadata richness and interoperability when establishing their PSI asset list and adopting international standard formats such as Dublin Core. It is also the case that a process of manual semantic enrichment of the data is undertaken in order to meet the information needs of the differing user profiles. 6.4 Next steps to be taken on a National level Not discussed 9

14 7. National situation: specific issues The meeting considered the best practices of the Piemonte region (see section 3.7) for an overview of this region s developments working towards PSI re-use licensing and asset lists. The meeting considered the case of Associazione Consulenti di Informazioni Finanziario- Immobiliari (ACIF) 11 versus the Agenzia del Territorio 12 (The Land Registry). Agenzia del Territorio involving cadastral data and the outcomes

15 ANNEXES ANNEX 1: Meeting Agenda 11

16 Europe s one-stop shop on Public Sector Information re-use National Meeting - Italy Venerdì 13 febbraio 2009 C/O Confindustria Servizi Innovativi e Tecnologici via Barberini 11, Roma Public Sector Information: la prospettiva italiana Agenda (Final Version) Welcome coffee Il contesto Europeo Discorso di aperture Luis Ferrão - DG Information Society and Media - Access to Information Unit Il progetto epsiplus: risultati e prospettive future Marc de Vries - epsiplus Analyst e co-founder di CELEX Il contesto italiano Coffee break Tavola Rotonda Il punto di vista dei riutilizzatori e il ruolo di PSI-Alliance Luigi Perissich, Direttore Generale CSIT e PSI-Alliance Board Member La situazione italiana: iniziative nazionali Orietta Maizza - Responsabile dell Ufficio Affari internazionali del Dipartimento per l innovazione e le tecnologie La situazione italiana: iniziative regionali e locali Andrea Muraca - CSI-Piemonte - Direzione Coordinamento Dati e Progetti L'esperienza NEXA Juan Carlos de Martin - Co-director NEXA center for Internet & Society - Politecnico di Torino Tavola rotonda di discussione a partire dallo spunto di due casi di settore: informazioni finanziario-immobiliari (Emanuele Forma - Presidente ACIF), informazioni giuridico-legali (Piero Attanasio - AIE) Chiusura dei lavori Saluti conclusivi, Luigi Perissich epsiplus is funded under the European Commission econtentplus programme

17 ANNEX 2: Participant List 12

18 epsiplus National Meeting, Italy Rome, 13 February 2009 Public Sector Information: la prospettiva italiana Venerdì 13 febbraio 2009, dalle ore alle ore C/O Confindustria Servizi Innovativi e Tecnologici via Barberini 11, Roma LIST OF PARTICIPANTS - Final Version First Name Last Name Organisation Piero Attanasio AIE Caterina Bortolini Telecom Italia Maria Antonietta Carbone CSI Piemonte Alessandra Cardia il Sole 24 Ore Juan Carlos de Martin NEXA Center Stefania De Paulis Dipartimento per l innovazione e le tecnologie Marc de Vries epsiplus Analyst Antonio Delfino Giuffrè editore Luis Ferrão DG Information Society and Media - Access to Information Unit Emanuele Forma ACIF Annamaria Foti Studio Legale Fantigrossi Andrea Freddo CSI Piemonte Alessia Leschiutta CSIT Bruxelles Orietta Maizza Dipartimento per l innovazione e le tecnologie Paola Mazzucchi AIE Federico Morando NEXA Center Andrea Muraca CSI Piemonte/Regione Piemonte Luigi Perissich CSIT PSIAlliance Carlo Quartarone ACIF Daniele Tatti CNIPA - Ufficio relazioni internazionali Stefano Urbinati il Sole 24 Ore

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