Polska 2030

Implementation of the PSI DirectiveThe benefits of being last

Igor Ostrowski

PSI: the case in Poland

Polska 2030

10 challenges and dillemas in PL 2030 ReportChallenge Dilemma1. Growth of competitiveness Utilisation of development opportunities vs Development drift 2. Demographic conditions Utilisation of the potential related to gradual extension of life

expectancy vs Costly social-economic effects of changes in the sphere of age structure

3. Intense occupational activity and adaptiveness of human resources

Adaptive mobility vs Insecure stability

4. Adequate potential of infrastructure Acceleration of exchange, development and improvement of social relations vs Infrastructural barriers to social relations and economic exchange

5. Energy and climate safety Harmonisation of energy and climate challenges with development factor vs Beyond energy safety and without clearly defined objectives in the field of environmental protection

6. Knowledge-based economy and intellectual capital development Intellectual capital as the main source of Poland's competitiveness in the global economy vs Increasing distance of Poland from world's developed economies in the area of intellectual capital

7. Solidarity and regional cohesion Effective utilisation of development opportunities of all the regions vs Sustainable polarisation of development

8. Social cohesion improvement Social cohesion corresponding to new challenges vs Social cohesion at the time of transformation

9. Efficient state Complex and actively implemented programme of state reforms that provides the citizens with the sense of security and possibility to exercise their rights and pursue individual ambitions vs Inefficient state as obstacle to development and improper relation between the state and a citizen

10. Growth of Poland’s social capital Opportunities of the social capital 2030 vs Trap of survival and adaptation capital

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Polska 2030

Development pillars

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Polska 2030

Innovation Pillar – strengthening

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Creativity and innovativeness of the economy

High quality education at all

levels

TURBOCHARGE: Societal ambitions

Competitively high-quality scientific

research and cooperation with the

economy

Development of entrepreneurship and managerial

skills among business executives

TURBOCHARGE: Digital momentum

Polska 2030

a bit of history:implementation of the re-use Directive

• 1997 P

olish Constitution adopted; art 61 grants lists access to public information as a basic right

• 2001L

aw on access to public information is adopted

• 2003D

irective 2003/98 adopted

• 2005P

oland claims Directive already implemented, EU Commission tends to differ

• 2007-2009D

iscussions between EC and Polish government re. implementation end with commencement of

proceedings to impose a fine for non-implementation

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Polska 2030

Implementation of the re-use Directive

•2007 F

irst draft drafted and rejected

• 2009S

econd draft prepared

• 2010N

etwork society shows its strength

Board of Strategic Advisors prepares an action plan for implementation of Open Access legislation

• 2011N

etwork society shows its strength yet again

Concept of the legislation is severely changed and adopted by the Council of Ministers

The Polish Prime Minister makes a landmark statement on Open Access

The Polish Parliament and the Preseident signes the new bill into law

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Polska 2030

Implementation of the re-use Directive

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“Any piece of information created with the means of public funds is owned by the public and should be available for re-use by everyone in any manner they please” - Prime Minister Donald Tusk

Polska 2030

Implementation of the re-use Directive

1. Access available thru several paths:

• Written application

• Public Information Bulletins (BIP) available online in over 15,000 entities

• Repositories in open catalogue formats

2. Limited reasons for rejection of access

3. Presumption of non-restricted re-use of all accessible information, irrelevant of form

4. Rejection always by means of an administrative decision, subject to court appeal

5. General rule of free re-use, irrespective of intended purpose of use (commercial or non-commercial purposes) – if preparation entails costs

6. Limited catalogues of conditions (always set out in electronic format)

7. Open license to PSI protected by copyright

8. If PSI is delivered by means of ICT technologies, dformat must be machine readable

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Polska 2030

Open Government concept

Re-use directive

Proposed scope of the legislation

Proposed scope of the next piece of legislation

Open Access to resources is an extension of the existing PSI access mechanism

Polska 2030

The right of open access to public resources is defined as a legal right of every person to access, use and re-use any content or data in human or machine readible format, created by public entities or with public funds, without limitation or obstruction (the Right of Open Access).

Open Access to public resources will ensure greater use of :

• educational• cultural• scientific

Resources held by public entities

Proposed scope

Polska 2030

Pursuant to the Proposed Act:

a. public resources, defined as data, its compilations and interpretations (including reports and analysis) as well as any other content or work created by public agencies, and

b. other resources financed by public means in the sphere of public administration, education, science and culture (jointly the Resources) are declared as public good to be freely accesible by citizens, in human or machine readible format, without limitation or obstruction. Specific scope of the Rights of Public Access are to be outlined in executive ordinances of the Prime Minister.

Proposed scope

Polska 2030

Lightposts in the process of Resource data discovery, processing, licencing and finally publishing

• Hign Quality Data

• Open Character

• Resource availability

• Practical applicability

Assumptions

Polska 2030

• boundaries of Open Access (scope, subjects)

• a definition of a „public document“ and „public material“ will need to be introduced into the Polish Copyright Law in order to determine the type of information and data which is not subject to copyright restrictions

• a single pattern for licensing of public works protected under Polish Copyright Law should be established. An open license format, similar to OGL established in the UK or NZGOAL established in New Zeland, may be advisable

Tools

Polska 2030

Dillemas

1. General scope

2. Payment structure

3. Order of release

4. Scope of exclusions

• Science (finals + underlying)

• Health

• Public Procurement

• Grants

• Other types of sensible data

Polska 2030

Thank you

Igor Ostrowski

Board of Strategic Advisors

Chancellery of the Primer Minister

Warsaw, Poland

Email: igor.ostrowski@kprm.gov.pl