Article 32i – Subject matter and scope

Article 32i(1) In every text (Article 32i(1))

(1)

This Chapter establishes a set of rules governing the re-use and the practical arrangements for facilitating the re-use of the following:

Article 32i(1)(a) In every text (Article 32i(1)(a))

(a)

existing data and documents held by public sector bodies of the Member States, including certain categories of protected data;

Article 32i(1)(b) In every text (Article 32i(1)(b))

(b)

existing data and documents held by public undertakings that are:

Article 32i(1)(b)(i) In every text (Article 32i(1)(b)(i))

(i)

active in the areas referred to in Chapter II of Directive 2014/25/EU of the European Parliament and of the Council;

Article 32i(1)(b)(ii) In every text (Article 32i(1)(b)(ii))

(ii)

acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council;

Article 32i(1)(b)(iii) In every text (Article 32i(1)(b)(iii))

(iii)

acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council; or

Article 32i(1)(b)(iv) In every text (Article 32i(1)(b)(iv))

(iv)

acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/92;

Article 32i(1)(c) In every text (Article 32i(1)(c))

(c)

research data pursuant to the conditions set out in Article 32t.

Article 32i(2) In every text (Article 32i(2))

(2)

This Chapter does not apply to the following:

Article 32i(2)(a) In every text (Article 32i(2)(a))

(a)

data and documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, or, in the absence of such rules, as defined in accordance with common administrative practice in the Member State in question, provided that the scope of the public tasks is transparent and subject to review;

Article 32i(2)(b) In every text (Article 32i(2)(b))

(b)

data and documents held by public undertakings and:

Article 32i(2)(b)(i) In every text (Article 32i(2)(b)(i))

(i)

produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State;

Article 32i(2)(b)(ii) In every text (Article 32i(2)(b)(ii))

(ii)

related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU, not subject to procurement rules;

Article 32i(2)(c) In every text (Article 32i(2)(c))

(c)

data and documents, such as sensitive data or documents, which are excluded from access by virtue of the access regimes in the Member State on grounds of the protection of national security (namely, State security), defence, or public security;

Article 32i(2)(d) In every text (Article 32i(2)(d))

(d)

data and documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit.

Article 32i(3) In every text (Article 32i(3))

(3)

Section 2 of this Chapter does not apply to:

ST 14756/26, pages 93–94

Article 32i(3)(a) In every text (Article 32i(3)(a))

(a)

data or documents, such as sensitive data or documents, which are excluded from access by virtue of the access regimes in the Member State, including on grounds of:

Article 32i(3)(a)(i) In every text (Article 32i(3)(a)(i))

(i)

statistical confidentiality;

Article 32i(3)(a)(ii) In every text (Article 32i(3)(a)(ii))

(ii)

commercial confidentiality (including business, professional or company secrets);

Article 32i(3)(b) In every text (Article 32i(3)(b))

(b)

data or documents access to which is restricted by virtue of the access regimes in the Member States,

Article 32i(3)(b)(i) In every text (Article 32i(3)(b)(i))

(i)

including cases whereby citizens or legal entities have to prove a particular interest to obtain access to documents;

Article 32i(3)(b)(ii) In every text (Article 32i(3)(b)(ii))

(ii)

on grounds of protection of personal data, as well as parts of data or documents accessible under those regimes which contain personal data the re-use of which has been defined by law as being incompatible with the legal framework for the protection of individuals with regard to the processing of personal data or as undermining the protection of privacy and the integrity of the individual, in particular under Union or national law regarding the protection of personal data;

Article 32i(3)(c) In every text (Article 32i(3)(c))

(c)

logos, crests and insignia;

Article 32i(3)(d) In every text (Article 32i(3)(d))

(d)

data or documents for which third parties hold intellectual property rights;

Article 32i(3)(e) In every text (Article 32i(3)(e))

(e)

data or documents held by cultural establishments other than libraries, including university libraries, museums and archives;

Article 32i(3)(f) In every text (Article 32i(3)(f))

(f)

data or documents held by educational establishments of secondary level and below, and, in the case of all other educational establishments, data other than those referred to in paragraph 1, point (c);

Article 32i(3)(g) In every text (Article 32i(3)(g))

(g)

data or documents other than those referred to in paragraph 1, point (c), held by research performing organisations and research funding organisations, including organisations established for the transfer of research results;

Article 32i(3)(h) In every text (Article 32i(3)(h))

(h)

data or documents access to which is excluded or restricted on grounds of critical entity or critical infrastructure protection related information as defined in points (1) and (4) of Article 2 of Directive (EU) 2022/2557.

Article 32i(4) In every text (Article 32i(4))

(4)

Section 3 of this Chapter does not apply to:

Article 32i(4)(a) In every text (Article 32i(4)(a))

(a)

data that are not certain categories of protected data;

Article 32i(4)(b) In every text (Article 32i(4)(b))

(b)

data or documents held by public undertakings;

Article 32i(4)(c) In every text (Article 32i(4)(c))

(c)

data or documents held by cultural establishments and educational establishments;

Article 32i(4)(d) In every text (Article 32i(4)(d))

(d)

data and documents covered by Section 2 of this Chapter.

Article 32i(4) (continued) In every text (Article 32i(4))

Section 3 does not create any obligation on public sector bodies to allow the re-use of data, nor does it release public sector bodies from their confidentiality obligations under Union or national law.

Article 32i(5) In every text (Article 32i(5))

(5)

This Chapter builds on, and is without prejudice to, Union and national access regimes, in particular with regard to the granting of access to and disclosure of official data or documents.

Article 32i(6) In every text (Article 32i(6))

(6)

The obligations imposed in accordance with this Chapter shall apply only insofar as they are compatible with the provisions of international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement and the World Intellectual Property Organization Copyright Treaty (WCT).

Article 32i(7) In every text (Article 32i(7))

(7)

The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of data and documents or to restrict re-use beyond the limits set by this Chapter.

Article 32i(8) In every text (Article 32i(8))

(8)

This Chapter governs the re-use of existing data and documents held by public sector bodies and public undertakings of the Member States, including data and documents to which Directive 2007/2/EC of the European Parliament and of the Council applies.

Article 32i(9) In every text (Article 32i(9))

(9)

This Chapter is without prejudice to Union and national law and international agreements to which the Union or Member States are party on the protection of categories of data referred to in Article 2(53).