0.1 The Library Association is the UK Chartered professional body for Librarians and Information Managers with 25,000 members employed in all parts of the information sector - including business, industry, schools and higher education, health, the voluntary sector, local and national government and public libraries.

0.2 The Library Association welcomes the publication of this EU discussion document on Public Sector Information. It is our firm view that free and ready access to public information is fundamental to the proper functioning of democracy. It is the responsibility of the institutions of government to enable citizens to exercise their rights of access to the information which they need to fulfil their economic and social potential.

We believer moreover that the ready availability of public sector information is essential to foster competitive business and industry in Europe.

0.3 We recognise that the increasing availability of ICT creates unprecedented opportunities to disseminate public information to the benefit of individual citizens, communities and businesses. We are pleased that the EU institutions are actively considering how to make the most of these opportunities for the general good.

1.1 The use of the term "public sector information" is not helpful in this context since the definition of public sector varies from one member state to another and, indeed, varies over time within states. In the UK, for example, the introduction of government agencies and the policy of contracting out of work formerly undertaken by government departments has blurred the boundaries between the public and private sector. A number of organisations which are clearly not in the traditional public sector none-the-less hold and manage public information. It might be better to focus on "public information", information generated by the state, through whatever agency, both nationally and locally, which citizens need in order to pursue their daily lives.

1.2 The attempt to identify types or classes of public sector information in clauses 73 to 77 would seem to over complicate what is basically a simple principle. It might be better to start with a presumption of openness and include all public information and rely on existing legal provisions such as copyright, data protection and official secrets legislation to define restrictions and exemptions.

1.3 Distinctions between information which is "fundamental for the functioning of a democracy" and that which is not and between "information relevant to the general public" and that relevant to a limited set of people would, in practice, be impossible to make. The information provider cannot - and indeed should not - know what use the citizen might wish to make of the public information.

2. Do different conditions for access to public sector information in member states create barriers at European level?

2.1 A distinction can be made between Freedom of Information provisions and regulations to make public information available to all. However, it is important to recognise that it is the Freedom of Information provisions, whether as legal or voluntary codes, which exist in member states which will effectively determine citizens’ ability to access information. Differences in the provisions, and particularly the exemptions and their interpretations, enshrined in the legislation of member states might severely hamper the ability of citizens and companies to access the information which they need on a pan-European basis. A Directive which clearly enshrines the rights of citizens to access public information and defines minimum standards with regard to timescale, charges and format would go some way to mitigate the difficulties arising across national legislations.

 

3. Could the establishment of European meta-data help the European citizen and businesses in finding their way in public sector information throughout Europe?

3.1 It is clear that any authority which is serious about providing access to public information must address the question of user friendly search tools. Meta-data, in various forms including indexes, holdings lists, publications schedules and directories, is essential for individuals seeking information either as citizens or for business use. Search aids are also essential for intermediaries, such as public library authorities or citizens Advice bureaux, which have an important role to play in facilitating access for all.

3.2 The question of facilitating access goes beyond practical tools, however. There are two fundamental premises which must underpin these considerations. First is the critical need for a culture of openness across all public authorities. Many member states, notably the UK, have long established internal cultures of secrecy and "traditions" of withholding information. National governments must genuinely seek to establish open cultures and to change the "institutional mind-set" of their agents if public access to information is to become a reality. An EU Directive which makes explicit the citizen’s right to information could help to bring about this essential culture change.

3.3 The second fundamental premise, in considering access, is the need to recognise that information provision must reflect the needs of users or clients, rather than mirror the institutional or internal structures of government agencies. Citizens need information in response to life-episodes or events and navigation tools should reflect and map the real needs of users. this event-centres approach will require cross departmental co-operation and co-operation across national boundaries - "joined up government" as it is known in the UK.

4. What impact do different pricing policies have on the access to and exploitation of public sector information?

4.1 The Library Association has argued, within the UK, for the provision of public information, free at the point of use and for the waiving of Crown Copyright to enable this. The basis for our argument is not only that any charge, however apparently modest, directly curtails the citizen’s ability to participate in community and national democracy but also that it becomes ever more uneconomic to administer small fees.

4.2 We also have some concern about the impact of charges on not-for-profit intermediaries such as public libraries. A number of public library authorities in the UK have created excellent comprehensive community information networks on the world wide web. These networks draw information from a very wide range of public bodies and are an invaluable resource to individuals and businesses. However, this sort of initiative would be seriously hampered if the library authorities had to pay a market price for the public information. The development of community networks and similar content is a key part of the UK Government’s proposal for developing new Library: The Peoples Network in all UK public libraries and the government has determined that access to this service should be free at the point of use.

4.3 It seems likely that the current trend to make public sector information available free of charge on the Internet might, in any event, quite swiftly overtake the debate about charging for access.

5. To what extend and under what conditions could activities of public sector bodies on the information market create unfair competition at European level?

5.1 There could be circumstances in which public sector bodies might offer value-added information products which have been subsidised by the taxpayer thus creating unfair competition. However, a number of competition rules already exist to prevent this from occurring. Within the UK the best value regulations, which require all public bodies to seek the most cost effective means of providing any service, provide an effective safeguard against unfair competition. The EU should attempt to maintain a balance between commercial interests and the imperative access rights of all citizens. The Information Asset Register being set up by the UK Government is a useful model here since it informs both private citizens and commercial companies about what information exists and where it is held.

5.2 The opportunities created by new technologies have the potential to iron out some of the disparities which exist between member states and to enable the development of the pan-european electronic information industry. We would wish to emphasise, in this context, the vital role of public libraries in enabling universal access to the Internet for the still significant numbers across the EU who do not have access to the Internet at home or at work.

6. Do different copyright regimes within Europe represent barriers for exploitation of public sector information?

6.1 Clearly different copyright regimes could create barriers for access to public information. The Library Association does not believe that a wholesale abolition of Crown Copyright and other national equivalents is the answer to this issue. Rather, we support the approach being taken by the UK Government to maintain Crown Copyright but allow for it to be waived. Crown Copyright is needed to protect and vouch for the integrity, accuracy and provenance of public information.

6.2 The prime purpose of Crown Copyright is not to ensure that Governments obtain revenue from public information but to protect that information on behalf of the public who own it. The overriding objective for governments should therefore be to ensure equitable, efficient and cost effective access. Any revenue generation through licencing or value-added should be transparent, and should respect the need to ensure against unfair competition.

7. Do privacy considerations deserve specific attention in relation to the exploitation of public sector information?

7.1 Public sector information gives rise to particular consideration of privacy because of the nature of the information about an individual which might be held by public authorities, for example medical or tax information. Moreover, technology makes this information even more sensitive because it allows the possibility to bring together information from discrete sources which, when combined, would constitute a serious invasion of individual rights to privacy. The EC Directive on Data Protection and the national privacy laws reflect on awareness of the need to balance protection of privacy against rights of access to information.

8. To what extent may the different member states liability regimes represent an obstacle to access to or exploitation of public sector information?

8.1 A European approach to the issues of liability and to limitations of liability may well be helpful in the increasingly multi-national information publishing environment.

9. To what extent are the policies pursued by the EU institutions in the field of access and dissemination of information adequate?

9.1 The EU is a large and complex organisation and we recognise that it will always be a difficult and resource intensive operation to keep all its citizens informed. We acknowledge that some EU institutions have made considerable efforts to improve their information dissemination. None-the- less the present provision is patchy and variable.

While the Web offers excellent opportunities for disseminating information quickly and easily it should not be seen as a panacea. There will continue to be a demand for printed information to be made available for those who do not have access to the Internet. The EU should also consider much needed improvements to the provision of information to people with disabilities.

10.1 Priority must be given to creating a culture of openness in which it is the citizen’s expectation that information will be available and public bodies acknowledge their responsibility for making information available.

Key to this openness is the role of skilled information professionals employed to manage public information. Information specialists are needed to create meta-data, evaluate information and guide and support users. Without these key intermediaries no amount of legislation will create the equitable information regime envisaged in this Green Paper.