Article 32ia

'Article 32ia

Reinforcing openness and predictability in public sector data re-use

1.Within the categories of data covered by this Chapter, public sector bodies shall apply a presumption in favour of re-use, subject to the exceptions and protections already provided for under this Chapter, Union law, or national law. This paragraph does not create an obligation to grant unconditional access to data, nor a legal basis for processing personal data, and is without prejudice to Regulation (EU) 2016/679.

2.Where technically and legally feasible and proportionate to the resources available to the public sector body concerned, newly created or substantially upgraded information systems shall be designed to support the automated publication of data as open data by default under an ‘open by design’ principle. Member States may issue guidance to support implementation of this principle by smaller or resource-constrained public sector bodies.

3.The single information points shall maintain and publicly disclose an indicative rolling overview of dataset categories expected to become available for re-use within the following 24 months. This obligation shall apply at the level of the single information point, to simplify the reporting burdens.

4.Member States shall ensure that public sector bodies publish and regularly update a list of datasets held by them that are not made available for re-use, or are subject to restricted access, together with a summary of the grounds for such restriction, unless such publication would itself compromise the ground for restriction.

5.Any natural or legal person may request the single information point to collect, generate or structure an open dataset. The single information point shall identify the correct public body which shall assess the request within a reasonable time and implement the request or provide reasons where it declines to act on it.

6.Public sector bodies shall use standard open licences as provided for under this Chapter. Custom or restricted access terms, including the differentiated conditions and fees when explicitly permitted, shall remain available under the conditions set out in that Article.

7.Datasets deemed suitable for publication shall be made available for re-use without undue delay. Single information points shall report periodically, in accordance with implementing acts adopted by the Commission on average publication timelines within their jurisdiction, to support monitoring and benchmarking.