Primavera De Filippi : "An opportunity, for the public sector, to reestablish the confidence between administration and citizens"

Primavera De Filippi is an associate researcher at the CERSA, a legal expert at Creative Common France and the public domain workgroup coordinator at the Open Knowledge Foundation.

What are the main concerns about Open Data ?

The July 17th, 1978 law (CADA) creates a frame for access and reutilization of public data.Since 2005, this law has created a right to reuse public data, by fixing the conditions of this right. However, this text causes problems that should be taken account of :

• Une portée limitée :
  • The publication is mandatory only for a certain type of documents (mainly legal ones). For the other kinds, a request procedure is necessary.
• Some exceptions to the general rule of data opening
  • There's, in the law, a limited number of exceptions, concerning for example :
    • data which could attempt to private life
    • data covered by secret
    • Information on which third parties have a right of intellectual propriety
    • Information produced or received during an industrial and commercial public service mission
  • Although teaching and research institution, along with cultural services, are not excluded of the general principle of public data reuse (as recently confirmed by the administrative appeal court of Lyon on July 4th, 2012), those institutions can impose conditions on the reuse of their data (Article 11 of CADA law).
• A legal incertitude, especially concerning :
  • the digitalization of public domain pieces which, because of moral rights, could avoid the general regime of the law, thanks to article 10 of the law
  • copyright from public agents, which are conceded only when "it's necessary for the accomplishment of a public mission service". It excludes, de facto, the reuse by a third-party
• Several licences systems :
  • The law enforcement needs a license. Despite the introduction of a reference licence (the Open Licence of Etalab), there is actually several licence's systems (APIE, Creative Commons, ODbl, etc.) which can limit the data reuse by their incompatibility.

What importance is given by the CERSA, and more generally by social sciences, to Open Data or Open Knowledge movements ?

The CERSA (Administrative and Politic Science research center) is teaching and researching center of the CNRS, associated to the University of Paris 2. With the creation of an e-government departement, the CERSA wants to study deep mutations of administrations, local governments et society in the digital age -- especially the content and data opening movements.

Since 2004, the CERSA hosts the french chpater of Creative Commons, which aims to promote free content licences as a soft law complement to the traditional copyright.More recently, the ethic commitee of the CNRS has created a workgroup on DataSharing, to elaborate a recommandation on data access and sharing, a recommandation which will be applying to all the subjects at the CNRS, included social sciences.

If you should resume Open Data, its philosophy and its consequences, in one word, what would it be ?

Opportunity:

• for more transparency : an opportunity for the public sector to reestablish the confidence between administration and citizens, and to reinforce the citizens' participation
• to encourage innovation : an opportunity for local governments to realise economies without neglecting innovation, by developping new organization's models allowing third-parties to propose new services for the citizens : innovating, interactive and personalized services
• to promote cooperation : an opportunity to develop cooperation instead of competition : by promoting a cooperation system between public sector, private sector and society.

 

 

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