The keys to the Law on re-use of public sector information in Spain

Fecha de la noticia: 10-03-2023

Las claves de la Ley sobre reutilización de la información del sector público en España

The public sector in Spain will have the duty to guarantee the openness of its data by design and by default, as well as its reuse. This is the result of the amendment of Law 37/2007 on the reuse of public sector information in application of European Directive 2019/1024.

This new wording of the regulation seeks to broaden the scope of application of the Law in order to bring the legal guarantees and obligations closer to the current technological, social and economic context. In this scenario, the current regulation takes into account that greater availability of public sector data can contribute to the development of cutting-edge technologies such as artificial intelligence and all its applications.

Moreover, this initiative is aligned with the European Union's Data Strategy aimed at creating a single data market in which information flows freely between states and the private sector in a mutually beneficial exchange.

From high-value data to the responsible unit of information: obligations under Law 37/2007

In the following infographic, we highlight the main obligations contained in the consolidated text of the law. Emphasis is placed on duties such as promoting the opening of High Value Datasets (HVDS), i.e. datasets with a high potential to generate social, environmental and economic benefits. As required by law, HVDS must be published under an open data attribution licence (CC BY 4.0 or equivalent), in machine-readable format and accompanied by metadata describing the characteristics of the datasets. All of this will be publicly accessible and free of charge with the aim of encouraging technological, economic and social development, especially for SMEs.

In addition to the publication of high-value data, all public administrations will be obliged to have their own data catalogues that will interoperate with the National Catalogue following the NTI-RISP, with the aim of contributing to its enrichment. As in the case of HVDS, access to the datasets of the Public Administrations must be free of charge, with exceptions in the case of HVDS. As with HVDS, access to public authorities' datasets should be free of charge, except for exceptions where marginal costs resulting from data processing may apply.

To guarantee data governance, the law establishes the need to designate a unit responsible for information for each entity to coordinate the opening and re-use of data, and to be in charge of responding to citizens' requests and demands.

In short, Law 37/2007 has been modified with the aim of offering legal guarantees to the demands of competitiveness and innovation raised by technologies such as artificial intelligence or the internet of things, as well as to realities such as data spaces where open data is presented as a key element.

Click on the infographic to see it full size:

 

Ficheros adjuntos:

    • Infografía: Las claves de la Ley sobre reutilización de la información del sector público en España
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      1.09 MB
    • Infografía: Las claves de la Ley sobre reutilización de la información del sector público en España
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      939.25 KB
    • Versión reutilizable: Las claves de la Ley sobre reutilización de la información del sector público en España
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      6.81 MB
    • Infography: The keys to the Law on re-use of public sector information in Spain
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      2.57 MB
    • Infography: The keys to the Law on re-use of public sector information in Spain
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      1021.51 KB