Public authorities are obliged to publish open data or provide information for reuse under the new Croatian license – Open License.
Since the end of July 2017, the Republic of Croatia has entered a circle of European countries that have their own license (license) for the publication of open data, or to provide information for reuse on user’s request. Earlier, in line with the possibility provided by the EU Directive on the re-use of public sector information, some countries(such as United Kingdom, France, Germany, Italy) have adopted their own open licenses, with an open option of using standard open licenses such as Creative Commons license.
The Ordinance on the Types and Contents of Permits Determining the Conditions for the Re-use of Information, issued by the Minister of Public Administration (Official Gazette 67/17 of 12 July 2017) established the types of permits to be used when opening data or when allowing the reuse of information by request. The Ordinance also laid down the conditions for issuing the Croatian open license. You can look at the text of the Ordinance and the associated open license here.
Application of License
In summary, the Ordinance provides that all datasets published by public authorities as open data, or provided by the the request of a user (pursuant to Article 29 of the RAIS), contain an open license.
Exceptionally, in justified cases, and with regard to the type of information or manner of creation or purpose of gathering information, the public authority may determine the conditions for reuse under its own license or under standard open licenses (other permits). The public authority must take into account the legal provisions which require that re-use must be made available without restriction, for free use and in open format (Article 31, paragraph 1 of the CPD, Article 3 of the Ordinance). The conditions for re-use should not unjustifiably limit the possibility of reuse, or to be used for the purpose of restricting competition (Article 31 § 2 ZPPI), or to be discriminatory in respect of the type or purpose of the use of information (Article 31 § 3 ZPPI). Thus, the public authority may use licenses that do not comply to an open permit only exceptionally, which is subject of review of the Information Commissioner in the appeal procedure or by remonstrace initiated by user.
The Open License is published in Croatian and English languages on the Open Data Portal, on the web site of the Ministry of Administration and on the web site of the Information Commissioner.
In terms of content, the open license generally coincides with the CC-BY license or the aforementioned national open licenses.
What an open license allows to user?
Open license allows the users to re-use of information and metadata for commercial and non-commercial purpose, and in particular:
- reproduction, distribution and making data available to third parties
- customizing the data and linking it with the proprietary and the third-party data in order to create new datasets
- exploiting data by integrating it into internal and external business processes, products and applications within public and non-public electronic networks.
In other words, users can freely use data for whatever purpose they want, give data to third parties, link them to other data, or use them as a base for business processes, products and applications.
Under the open license, the only obligation of the user is to cite the source (eg the body of public authority or a specific source statement as specified by the public authority body that created the information) and the date of the download or the latest change. If the data does not contain a source statement and the date of the last change, the user is obliged to indicate that the data is used with an open license, and to provide link to the open license, and to the published information (if it is published).
The user is not allowed to use data (eg. create a product or an open-access application) in a way that would indicate that a product or application was made by a public authority.
Obligations of public authorities
The public authority body is obliged to:
- publish on its web site an open license or link to the license together with other information on exercising the user’s rights for re-use of information (Article 6 of the RAIA, Article 2, paragraph 5 of the Ordinance)
- Mark its data by open permission through a source statement (name of public authority body, link to published information, open license sign, open source link) and specify date of last change. Public authority should attribute the already published dana with an open license.
The body of the public authority must not:
- provide the same information under different permissions
- put users in an uneven position
- unjustifiably limit the possibility of reuse if it is using other licenses
Example of source statement:
The work “List of public authorities”, whose author is the Information Commissioner is conceded under the Open License – The Republic of Croatia.
It is based on the work at http://tjv.pristupinfo.hr/.
Date last modified: in real time.