Newsletter

Consultation on the implementation of the Open Data Directive

by Øyvind Eidissen

Published:

Technology phone in hands

In June 2019, the EU adopted Directive 2019/1024 on open data and the re-use of information from the public sector (the "Open Data Directive"). The purpose of the Open Data Directive is to promote the use of public data and stimulate the innovation of products and services. The proposed implementation of the Open Data Directive in Norwegian law is currently under public consultation.

On 7 April 2022, the Norwegian Ministry of Local Government and Regional Development (the "Ministry") submitted a proposal for the implementation of the Open Data Directive into Norwegian law for public consultation.


The Open Data Directive replaces existing EU directives on the re-use of public information which have been incorporated into the Norwegian Freedom of Information Act (offentleglova) with regulations. The Open Data Directive sets out a set of minimum rules for the re-use of public information and schemes to promote the re-use of such information. System critical information (sensitive data) is not covered by the Open Data Directive.


The Open Data Directive brings the EU's legal framework up to date with developments in digital technology, such as artificial intelligence.


The Open Data Directive also aims to strengthen the EU's digital economy, which more specifically aims to:


The harmonization of rules and practices across national borders shall help to achieve these goals.


The most important changes introduced by the Open Data Directive are as follows:


The Ministry has explained that a committee will be appointed to look at a more comprehensive way to regulate the re-use of public information. However, as it will take some time before this committee will deliver its report, the Open Data Directive will first be implemented into Norwegian law through amendments to the Norwegian Freedom of Information Act with regulations.


Some of the changes introduced by the Open Data Directive are already included in the Norwegian Freedom of Information Act with regulations. For example, the extension of the directive's scope to include public enterprises in the supply and transport sector, as well as publicly funded research data, is already covered. However, there is still a need for adjustments to Norwegian law and regulations, as the Open Data Directive has established new rules for certain types of data and documents. Furthermore, the Ministry's consultation memorandum proposes differing payment rates to access the public data for which payment can be demanded.


The consultation deadline is 5 July 2022. For any questions concerning the proposed implementation of the Open Data Directive into Norwegian law, please do not hesitate to contact us.

Do you have any questions?