Legal and Institutional Challenges for Opening Data across Public Sectors: Towards Common Policy Solutions

Mélanie Dulong de Rosnay · Katleen Janssen

55 citations0/0 files storedJournal of theoretical and applied electronic commerce research

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Digitalization, Law, and Regulation Administrative Law and Governance E-Government and Public Services

Abstract

This paper addresses the current trends and issues with regards to opening up data held by public entities in various sectors, including public sector information, geographic data, cultural heritage, scientific publications and data.In the paper, opening up public data is defined as making it available for any purpose of use.While several initiatives have been taken within Europe to make public data available, many issues still remain unsolved.Based on the state of play in various sectors, this paper gives an overview of common issues that need to be addressed in order to move to more and better accessibility and reusability of public data.It will argue that even if sectors are currently regulated by different laws and policies governing data of a different nature, a common techno-legal framework can be defined to address legal, cultural and institutional challenges in a cross-sectorial manner.

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References

1999Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters 2012The New Ambiguity of 'Open Government'2011The influence of the PSI directive on open government data: An overview of recent developments 2015United Nations Economic Commission for Europe (UNECE)2005Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society 2006Study on the economic and technical evolution of the scientific publication markets in Europe

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2015State-of-the-art in open data research: Insights from existing literature and a research agenda 2015To open or not to open? Determinants of open government data 2015A comparison of national open data policies: lessons learned 2018Exploring open government data capacity of government agency: Based on the resource-based theory 2016Examining the socio-technical determinants influencing government agencies' open data publication: A study in Taiwan 2018Institutional Dimensions of Open Government Data Implementation: Evidence from the Netherlands, Sweden, and the UK

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