Keyword: Freedom of information

Open Data, Privacy, and Fair Information Principles: Towards a Balancing Framework external link

Zuiderveen Borgesius, F. & van Eechoud, M.
2015

Abstract

Open data are held to contribute to a wide variety of social and political goals, including strengthening transparency, public participation and democratic accountability, promoting economic growth and innovation, and enabling greater public sector efficiency and cost savings. However, releasing government data that contain personal information may threaten privacy and related rights and interests. In this paper we ask how these privacy interests can be respected, without unduly hampering benefits from disclosing public sector information. We propose a balancing framework to help public authorities address this question in different contexts. The framework takes into account different levels of privacy risks for different types of data. It also separates decisions about access and re-use, and highlights a range of different disclosure routes. A circumstance catalogue lists factors that might be considered when assessing whether, under which conditions, and how a dataset can be released. While open data remains an important route for the publication of government information, we conclude that it is not the only route, and there must be clear and robust public interest arguments in order to justify the disclosure of personal information as open data.

anonymous data, Big data, Data protection, fair information principles, Freedom of information, Grondrechten, OECD privacy Guidelines, Privacy, public sector data

Bibtex

Article{nokey, title = {Open Data, Privacy, and Fair Information Principles: Towards a Balancing Framework}, author = {Zuiderveen Borgesius, F. and van Eechoud, M.}, url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2695005}, year = {1203}, date = {2015-12-03}, abstract = {Open data are held to contribute to a wide variety of social and political goals, including strengthening transparency, public participation and democratic accountability, promoting economic growth and innovation, and enabling greater public sector efficiency and cost savings. However, releasing government data that contain personal information may threaten privacy and related rights and interests. In this paper we ask how these privacy interests can be respected, without unduly hampering benefits from disclosing public sector information. We propose a balancing framework to help public authorities address this question in different contexts. The framework takes into account different levels of privacy risks for different types of data. It also separates decisions about access and re-use, and highlights a range of different disclosure routes. A circumstance catalogue lists factors that might be considered when assessing whether, under which conditions, and how a dataset can be released. While open data remains an important route for the publication of government information, we conclude that it is not the only route, and there must be clear and robust public interest arguments in order to justify the disclosure of personal information as open data.}, keywords = {anonymous data, Big data, Data protection, fair information principles, Freedom of information, Grondrechten, OECD privacy Guidelines, Privacy, public sector data}, }

Making Access to Government Data Work external link

van Eechoud, M.
Masaryk University Journal of Law and Technology, num: 2, 2015

Abstract

The EU Directive on Re-use of Public Sector Information of 2013 (the PSI Directive) is a key instrument for open data policies at all levels of government in Member States. It sets out a general framework for the conditions governing the right to re-use information resources held by public sector bodies. It includes provisions on non-discrimination, transparent licensing and the like. However, what the PSI Directive does not do is give businesses, civil society or citizens an actual claim to access. Access is of course a prerequisite to (re)use. It is largely a matter for individual Member States to regulate what information is in the public record. This article explores what the options for the EC are to promote alignment of rights to information and re-use policy. It also flags a number of important data protection problems that have not been given serious enough consideration, but have the potential to paralyze open data policies.

Access to Government Information, Data protection, Directive 2003/98/EC, Freedom of information, Open Data, Overheidsinformatie, Re-use of Public Sector Information

Bibtex

Article{nokey, title = {Making Access to Government Data Work}, author = {van Eechoud, M.}, url = {https://journals.muni.cz/mujlt/article/view/3717}, year = {1021}, date = {2015-10-21}, journal = {Masaryk University Journal of Law and Technology}, number = {2}, abstract = {The EU Directive on Re-use of Public Sector Information of 2013 (the PSI Directive) is a key instrument for open data policies at all levels of government in Member States. It sets out a general framework for the conditions governing the right to re-use information resources held by public sector bodies. It includes provisions on non-discrimination, transparent licensing and the like. However, what the PSI Directive does not do is give businesses, civil society or citizens an actual claim to access. Access is of course a prerequisite to (re)use. It is largely a matter for individual Member States to regulate what information is in the public record. This article explores what the options for the EC are to promote alignment of rights to information and re-use policy. It also flags a number of important data protection problems that have not been given serious enough consideration, but have the potential to paralyze open data policies.}, keywords = {Access to Government Information, Data protection, Directive 2003/98/EC, Freedom of information, Open Data, Overheidsinformatie, Re-use of Public Sector Information}, }