By Indicator detail
Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.
| Country | Description | Scoring instructions | Max score | Finding | Points | Article | Comments |
|---|---|---|---|---|---|---|---|
| Afghanistan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | 15(5) Individuals may re-use the information made public by an institution. | |
| Albania | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | The Law does not set any limitations on or charges for reuse of information received from public bodies. |
| Andorra | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | "Article 6. Reuse of information 1. The obligated subjects must facilitate to the people the access to the public information in reusable format, in order to improve transparency, generate value for society and promote interoperability between administrations, within the limits established by the regulations on the reuse of public sector information. 2. Public information may be reused for any lawful purpose, in particular reproduction and disclosure by any means of data subject to public information and the creation of products or services value-added information based on this data. 3. In general, the data must be provided without the need for a specific license or condition for facilitate its distribution, reuse and use and in a digital, standardized and open format, in a free and free, with a clear and understandable structure. However, they can be determined by regulations the assumptions that justify the subjection of certain data to the prior granting of a license. 4. The Government provides access to reusable public information resources through an access point to the Open Government platform." "Article 6. Reutilització de la informació 1. Els subjectes obligats han de facilitar a les persones l’accés a la informació pública en format reutilitzable, per tal de millorar la transparència, generar valor a la societat i promoure la interoperabilitat entre les administracions, dins els límits establerts per la normativa sobre reutilització de la informació del sector públic. 2. La informació pública pot ser reutilitzada amb qualsevol objectiu lícit, especialment la reproducció i la divulgació per qualsevol mitjà de les dades objecte d’informació pública i la creació de productes o serveis d’informació amb valor afegit basats en aquestes dades. 3. De forma general les dades s’han de subministrar sense necessitar llicència o condició específica per facilitar la seva distribució, reutilització i aprofitament i en un format digital, estandarditzat i obert, de forma lliure i gratuïta, amb una estructura clara i comprensible. No obstant això, es poden determinar reglamentàriament els supòsits que justifiquen la subjecció de determinades dades a l’atorgament previ de llicència. 4. El Govern dona accés als recursos d’informació pública reutilitzable mitjançant un punt d’accés a la plataforma Govern Obert. Article 11.4 ) Limitacions al dret d’accés 1. El dret d’accés previst en aquest capítol pot ser denegat quan la divulgació de la informació sol·licitada comporta un perjudici per a: 4. La normativa en matèria de protecció de dades personals és d’aplicació al tractament posterior de les dades obtingudes a través de l’exercici del dret d’accés a la informació pública." | |
| Argentina | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | ARTÍCULO 2° — Derecho de acceso a la información pública. El derecho de acceso a la información pública comprende la posibilidad de buscar, acceder, solicitar, recibir, copiar, analizar, reprocesar, reutilizar y redistribuir libremente la información bajo custodia de los sujetos obligados enumerados en el artículo 7° de la presente ley, con las únicas limitaciones y excepciones que establece esta norma. Se presume pública toda información que generen, obtengan, transformen, controlen o custodien los sujetos obligados alcanzados por esta ley. | |
| Australia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | 20 Forms of access (3) If the giving of access in the form requested by the applicant: ... (c) would, but for this Act, involve an infringement of copyright (other than copyright owned by the Commonwealth, an agency or a State) subsisting in matter contained in the document, being matter that does not relate to the affairs of an agency or of a Department of State; access in that form may be refused and access given in another form. | Theoretically, s. 20(3)(c) could allow an agency to provide the information in a form where reuse is inconvenient or impossible. However, s. 20(3)(c) only applies to private copyright; state copyright is explicitly excluded as a consideration when deciding whether to deliver the information in the requested form. No other limitations mentioned. |
| Austria | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Federal law on the reuse of information from public bodies, public companies and research data (Information Reuse Act 2022 - IWG 2022), https://ris.bka.gv.at/geltendefassung.wxe?abfrage=bundesnormen&gesetzesnummer=20011973&ShowPrintPreview=True. | Reuse is governed by the Federal law on the reuse of information from public bodies, public companies and research data. However, there are some exceptions to its scope of application. For example, "Research data held by states, municipalities, municipal associations and institutions based on state law" (3(1).1) and "Documents in the possession of the Austrian Broadcasting Corporation (ORF) or its subsidiaries that serve to carry out the public service mandate" (3(1).8)) do not fall under the law's scope. 2 points awarded, though, on the basis that these are not unreasonable exclusions. |
| Bulgaria | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | 2a.(New, SG No. 49/2007) (1) Re-use of public sector information shall be the use of information for commercial or non-commercial purposes, different from the initial purpose for which the information has been generated within the authorities or functions of the public sector organization. (2) Provision of public sector information to an organization from the public sector in relation to the exercise of its powers or functions shall not be re-use within the meaning of this act. | |
| Chile | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | ARTICLE 19. La entrega de copia de los actos y documentos se hará por parte del órgano requerido sin imponer condiciones de uso o restricciones a su empleo, salvo las expresamente estipuladas por la ley. | |
| Gambia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | Not mentioned. |
| Greece | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 5(5) The right under paragraphs 1 and 2 is exercised subject to the existence of any copyright or industrial property right. | |
| Iceland | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 27. When access is granted to information from public files pursuant to the third paragraph of Art. 3 or the provisions of special acts, the government authority shall be authorised to stipulate that reusing the information will be subject to licence and will have to fulfil specific requirements, such as the quality or updating of data. Consistency and equality shall be ensured when formulating such requirements, which must not excessively restrict competition or the possibilities for reusing the information. On its website, a government authority shall display a list of the files containing information kept by the authority that it is permissible to reuse, in addition to the requirements controlling such reuse. An application for permission to reuse information from a public file shall be directed to the government authority which according to law holds responsibility for entering and processing the information in the file concerned. A public authority shall finish as quickly as possible its handling of applications for permission to reuse information from public files. If a request has not been handled within 20 days of when the application was received, the reasons for the delay and the time when the decision is to be expected must be made clear. Should a government authority refuse to grant permission for reusing information on the grounds of item 2 of the fourth paragraph of Art. 24, the name of the rights holder or her/his agent must be specified. It is permissible to charge for providing access to information from public files, pursuant to the third and fourth paragraphs of Art. 12. The public authority concerned shall establish a schedule of fees, to be confirmed by the Minister. The schedule of fees shall be advertised in Section B of the Law and Ministerial Gazette, as well as being accessible on the government authority's website. No more must be paid for reusing information that comes under the provisions of this Chapter and is subject to a copyright of the State or of municipalities than what is indicated in the sixth paragraph, unless specifically dictated by law. When a government authority makes information accessible to the public on the Internet, based on an agreement with a third person who has a legally protected right to it according to the Copyright Act, the name of the rights holder must be specified. | |
| Israel | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | No authority is entitled to put any limitation or restrictions on how the information received will be reused if not protected by copyright. |
| Italy | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 2 | Article 7(1) The documents, information and data the publication of which is mandatory pursuant to the legislation in force, made available also as a result of the public access referred to in article 5, are published in an open format pursuant to article 68 of the Code of Digital Administration under Legislative Decree n. 82 of 7 March 2005, and can be reused pursuant to Legislative Decree n. 36 of 24 January 2006, Legislative Decree n. 82 of 7 March 2005, and Legislative Decree n. 196 of 30 June 2003, with no restriction other than the obligation to quote the source and to respect its integrity. Article 7-bis (1) The obligations to publish personal data other than sensitive and judicial data referred to in article 4, paragraph 1, letters d) and e), of Legislative Decree n. 196 of 30 June 2003, entail the possibility to disseminate such data through institutional websites, as well as to process them in such a way as to ensure their indexing and traceability through web browsers and their reutilization pursuant to article 7 and in accordance with the principles applicable to the processing of personal data. (2) The publication on the institutional websites, in accordance with this decree, of the data related to the holders of bodies issuing political guidelines, and of offices or tasks of direct cooperation, as well as related to the directors of administrative bodies, is aimed at bringing transparency to the public sector, i.e., something which adds up to the achievement of a goal of significant public interest in accordance with the rules applicable to the protection of personal data. (3) The public administrations may decide to publish on their institutional websites data, information and documents that they are not obliged to publish pursuant to this decree or on the basis of a specific law or regulatory provision, subject to the restrictions set out in art. 5-bis, by making anonymous the personal data, if any, contained therein. (4) Where the law or regulations provide for the publication of acts or documents, the public administrations shall make, with respect to the specific purposes of transparency of the publication, unintelligible any personal data that it is not relevant or, in case of sensitive or judicial data, not essential. (5) The information concerning the performances of anyone in charge of a public function and his/her assessment shall be made accessible by the relevant administration. It is not permitted to publish, except in the cases provided for by the law, information concerning the nature of the diseases and family problems that prevent the relevant employee from going to work, as well as the components of the performance assessment or the information concerning the employment relationship between the aforesaid employee and the administration, which are capable of disclosing any of the data referred to in article 4, paragraph 1, letter d) of Legislative Decree no. 196/2003. (6) The restrictions on the access and dissemination of the information referred to in Article 24, paragraphs 1 and 6, of Law n. 241 of 7 August 1990, as subsequently amended, of all of the data referred to in article 9 of Legislative Decree n. 322 of 6 September 1989, and of those provided for by the EU legislation concerning the protection of statistical confidentiality, and of those which are expressly qualified as confidential by domestic and European regulations on statistics, as well as those relating to the dissemination of data capable of disclosing health and sex life shall be maintained. (7) The Commission referred to in article 27 of Law n. 241 of 7 August 1990, shall continue to operate also after the expiry of the mandate provided for by the legislation currently in force, without any charges for the State budget. (8) The services of aggregation, extraction and massive transmission of documents stored in databases made available on the web, are beyond the scope of this decree. | |
| Ivory Coast | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | Not stated, but implied. |
| Japan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 2 | N/A | Not mentioned. |
| Kazakhstan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | Not mentioned. |
| Kosovo | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | 1 This Law shall guarantee the right of every person, without discrimination on any grounds, to access public documents produced, received, maintained or controlled by public institutions, as well as the right to re-use the public sector documents. 2(2) Paragraph 1 does not constitute an obligation for the public institution to create or adapt public documents or provide summaries of information where this would involve disproportionate effort, going beyond a simple operation. On the same basis, public institutions cannot be required to continue the production and storage of a certain type of public document with a view to the re-use of the same by a person or public institution. 3(1.4) Open Data - shall mean the data produced, received, maintained or controlled by public institutions, which can be freely used, modified and distributed by any person, provided that they remain open and attributable to the source; 3(1.8) Re-use of Public Documents – shall mean the re-use by any person of the public documents for commercial and non-commercial purposes, other than the original purpose for which the public documents were produced. 4(3) Each person shall have the right to re-use public documents under the conditions and restrictions set forth in this Law. 8(1) When publishing open data, the public institutions shall be guided by the following principles: (1.1) open data shall be published based on the initiative of public institutions themselves, in due time, and in a comprehensive, accurate manner, and with high quality, without a request submitted by the interested parties; (1.2) open data shall be published in a way that they are accessible to all interested parties and in a form that enable their free and independent use; (1.3) open data shall enable comparison and interaction between them and shall be published in forms that enable people and technological devices to read them; (1.4) open data shall be published in order to improve governance and citizen engagement in governance. (2) Public institutions shall develop a line of actions that enable data disclosure by them and encourage citizens, civil society and the private sector to disclose their data. 9(1) Open data shall be published in a central open data portal which shall be developed and managed by the ministry responsible for public administration. 9(2) Open data shall be published in open format which enables its reading and modification without technological barriers, which can be read by technological devices and people, and which provides access to the entire data collection. 9(3) Open data shall be published with an open license, which allows free use and redistribution of data, including but not limited to selling, modifying and incorporating them into wider usages. (4) In order to access open data, users shall indicate the source of data as well as recognize intellectual property rights on other person's data and guarantee the integrity of the data. (5) Public institutions shall assign the responsible official, who shall serve, inter alia, as a liaison official for the publication of open data. (6) The relevant ministry of public administration shall assign a responsible official from the Information Society Agency to coordinate the actions for the publication of open data. 16(1) The re-use of documents shall be open to all potential actors in the market, even in cases when they already exploit added-value products based on these documents. Contracts or other arrangements between the public sector bodies holding the documents and third parties shall not grant exclusive rights. (2) In cases when an exclusive right is necessary for the provision of a service in the public interest, such a right shall be reviewed every three (3) years. 24 Any person has the right to re-use public documents, either for commercial purposes or not, in compliance with the provisions and limitations set forth by this Law. 25 The provisions of Chapters III to V on requests for access to public documents, refusal of requests for access to public documents and on the complaints and legal remedies against the decisions rejecting the access, shall apply accordingly on requests for the re-use of public documents. 26(1) Public institutions shall make public documents accessible for re-use in any language and preexisting condition and, if possible, in an open and readable format by technological equipment, together with their data summaries. (2) Public institutions are not obliged to transform the format of documents or to continue to create, update the information, solely for the purpose of their re-use. (3) Public documents, in which libraries, including university libraries, museums and archives, have intellectual property rights, are permitted for re-use for commercial and non-commercial purposes, only if the re-use of such documents is permitted. (4) Public institutions shall be prohibited from making deals, which allow access for re-use on an exclusive basis. The right to re-use should be open to all potential market participants and prohibit discrimination against parties interested in access to re-use of public documents. (5) The right to re-use cannot be approved for public documents on which third parties hold intellectual property rights. | Extensive regime that establishes that re-use shall generally be free. Some conditions applied but are in line with better practice. |
| Mexico | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 3. (VI). Open Data: Digital public data that are available online and can be used, reused and redistributed by anyone interested and which have the following features: c) Free: Can be obtained without any consideration in exchange; j) Free use: They cite the source as the only requirement to be used freely. Article 17. The right of access to information is free and only a charge may be required based on the reproduction and delivery mode requested.In no case the Reasonable Adjustments to be made for access to the information of applicants with disabilities, will be at a cost to them. | |
| Montenegro | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 4: "1) the right of access to information shall encompass the right to ask for, receive, use and disseminate the information filed with government agencies;" | |
| Philippines | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | Not mentioned |
| Portugal | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Art 16.1: Documents which are held or drawn up by the bodies referred to by Article 4 and access to which is authorised under the terms of the present Law, may be re-used by natural persons or bodies corporate for purposes other than the public service purpose for which they were produced. | |
| Russia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | There are no limitations. | |
| Saudi Arabia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 2 | N/A | Not mentioned. |
| Slovenia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Art 3. "(3) Every applicant has the right, under the same conditions as all other persons, to acquire the right to re-use information for commercial or noncommercial purposes." | |
| South Sudan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | ||
| Sri Lanka | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Regulation No. 19: Use and Reuse of information: 01. Any information disclosed by a Public Authority under this Act is subject to a royalty-free, perpetual, nonexclusive licence to reuse the information. 02. For purposes of clause 01, reuse includes copying, publishing, translating, adapting, distributing or otherwise using in any medium, mode or format for any lawful purpose. | |
| Ukraine | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | 4.1 Access to public information according to this Law shall be carried out based on the principles of: 1) transparency and openness of the activity of subjects of public authority; 2) free obtaining, dissemination and any other use of information, which was provided or published according to this Law, except for limitations established by the law; 3) equal rights regardless of race, political, religious or other beliefs, gender, ethnic and social origin, financial standing, place of residence, language or other features. 10-1.1 Public information in the form of open data means public information in a format that allows its automated processing by electronic means, free and free-of-charge access to it, as well as its re-use. Information administrators shall be obliged to provide public information in the form of open data upon request, publish and regularly update it on the unified state web-portal of open data and on their web-sites. | |
| United States | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | No limitation may be imposed, and the U.S. government cannot hold a copyright on government information. If information held by an agency is subject to a privately held copyright, it still must be disclosed under FOIA. The copyright law may restrict re-publication, but the FOIA does not. | |
| Vanuatu | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | 82. Information released in public domain (1) Subject to subsection (2), information to which an applicant is granted access under this Act must be regarded as information that is in the public domain. | - |
| Azerbaijan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 2.5. The creation of a derivative information product from documented information obtained from information owners in accordance with the requirements of this Law, for other purposes, including for commercial purposes, is allowed provided that the primary source is referred to when creating derivative information. | Allows reuse if the primary source is referred to but very basic scheme for this. |
| Bahamas | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 53. Subject to section 52, information received from a public authority can be redistributed without charge. | Limited reuse provision. S. 52 deals with, among others, intellectual property rights. |
| Burkina Faso | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Article 24 : Le droit de réutilisation ne s’applique pas aux documents dont : - la production est une activité qui ne relève pas de la mission de à service public dévolue aux organismes de service public ; - les tiers détiennent les droits de propriété intellectuelle. Article 25 : La réutilisation des informations ou des documents publics est autorisée si : - les informations ou les documents publics ne sont pas altérés ; - leur sens n’est pas dénaturé ; - leurs sources et la date de leur dernière mise à jour sont mentionnées au moment de la réutilisation. Article 26 : Les informations publiques ou les documents administratifs comportant des données à caractère personnel peuvent faire l’objet d’une réutilisation lorsque : - la personne intéressée y a consenti ; - l’autorité détentrice est en mesure de les rendre anonymes ; - la loi, notamment, celle portant protection des données à caractère personnel le permet. Article 27 : La réutilisation d’informations publiques ne peut faire l’objet d’un droit d’exclusivité accordé à un tiers. Toutefois, si un tel droit est nécessaire à l’exercice d’une mission de service public, il est accordé. Dans ce cas, l’octroi de ce droit d’exclusivité fait l’objet d’un examen périodique au moins tous les deux ans. Article 28 : La réutilisation de l’information recherchée à des fins non commerciales notamment, scientifiques, culturelles, éducatives et journalistiques n’est pas soumise au paiement de frais. Article 29 : La réutilisation d’informations publiques et de documents administratifs, notamment à des fins commerciales, est soumise à une autorisation préalable délivrée par l’organisme de service public concerné, contre paiement éventuel d’une redevance. Les modalités de fixation et les conditions de perception de la redevance sont déterminées par voie règlementaire. Article 30 : Les administrations qui produisent ou détiennent des documents contenant des informations publiques pouvant être réutilisées et dont les demandeurs ont accompli les formalités prévues aux articles 24 et 25 ci-dessus sont tenues de faciliter leur accès. | Detailed rules on reuse with some positive but also not so positive features (such as doesn\'t apply if the information is not produced for a public mission and charges may be levied if for commercial purposes). |
| Canada | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 1 | N/A | Crown copyright rules place certain limitations, such as permission requirements or that the re-use not be for commercial purposes, on certain types of information that could be the subject of an access request. |
| Cape Verde | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | See Chapter III, Articles 12-17 | Complex rules on reuse with both facilitate it but also limit it, e.g. by providing that you cannot alter documents without permission and that you must pay. |
| Cook Islands | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 30. Functions of Ombudsman - (1) It shall be a function of the Ombudsman to investigate and review any decision by which a Ministry or Minister of the Crown or organisation - (...) (c) imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 11 of this Act. | Not explicitly stated - but Art 30(c) implies that government bodies can sometimes attach conditions to grants of access. |
| Guinea | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 27. Les informations publiques figurant dans les documents communiqués ou publiés par les organismes publics peuvent être utilisées par toute personne qui le souhaite à d'autres fins que celles pour lesquelles les documents ont été produits ou sont conservés. La réutilisation des informations publiques ne peut faire l'objet de restrictions que pour des motifs d'intérêt général et de façon proportionnée. Ne sont pas considérées comme des informations publiques soumises à l'application des dispositions de la présente loi, les informations contenues dans des documents- qui ne sont pas communicables à tons en application des exceptions énumérés aux articles 5, 6, 7 et 8 de la présente loi ;- sur les quelles des tiers détiennent des droits de propriété intellectuelle.28. Sauf accord de l'organisme public, la réutilisation des informations publiques est soumise à la condition que ces dernières ne soient pas altérées, que leur sens ne soit pas dénaturé et que leurs sources et la date de leur dernière mise à jour soient mentionnées. 29. La réutilisation d'informations publiques peut donner lieu à l'établissement d'une licence ; cette licence est obligatoire lorsque la réutilisation est soumise au paiement d'une redevance. L'organisme public qui crée une licence sur les informations a l'obligation de l'indiquer au demandeur. 30. La réutilisation d'informations publiques est gratuite. Toutefois, les organismes publics peuvent établir une redevance de réutilisation à des fins commerciales lorsqu'elles sont tenues de couvrir par des recettes propres une part substantielle des coûts liés à l'accomplissement de leur mission. Le produit total du montant de cette redevance, évalué sur une période comptable appropriée, ne dépasse pas le montant total des coûts liés à la collecte, à laproduction, à la mise à disposition du public ou à la diffusion de leurs informations publiques. 31. La réutilisation d'informations publiques ne peut faire l'objet d'un droit d'exclusivité accordé à un tiers, sauf si un tel droit est nécessaire à l'exercice d'une mission de service public. 32. Tout citoyen qui réutilise des informations publiques en violation des prescriptions de la présente loi est passible d'une amende prononcée par le tribunal compètent. Tout organisme public ou assimilé dont les informations ont été réutilisées à des fins commerciales telles que prévues par la présente loi peut saisir le tribunal compétent. | Protects re-use but language on not altering combined with sanctions loses a point |
| Kyrgyzstan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 7.1. Information shall be publicly available if access to it is not restricted in accordance with this Law. 7.2. Publicly available information may be used by persons at their discretion, subject to the observance of exclusive rights to intellectual property, as well as restrictions established by this Law and other laws on the distribution, provision, use, and other processing of information. 7.3. The owner of publicly available information shall have the right to demand to be indicated as the source of such information when it is disseminated by other subjects. 8.5(1) confidential information - information, access to which is restricted to an individual or legal entity, except for public sector entities, and which can be disseminated in the manner determined by them at their request in accordance with the conditions provided for by them; | Subject to restrictions in other laws, which is a bit unclear. There is also an unclear category of "confidential information" for which an individual and legal entity is responsible for determining the conditions of dissemination. |
| Latvia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | N/A | There is no copyright on PSI in Latvia. Information received can be reused without any conditions. In case of continuous reuse of large amounts of data, some fines may be applied within the limits of re-use directive and covering the technical cost of processing data on the side of an institution. I am not sure what else is required to score yes in this question. |
| Morocco | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 6. Les informations ayant été publiées, mises à la disposition du public, ou délivrées à leur demandeur, par les institutions ou les organismes concernés, peuvent être utilisées ou réutilisées à condition que cela soit fait à des fins légitimes sans altération du contenu desdites informations, que leur source et la date de leur émission soient indiquées et qu'il n'y ait pas atteinte ou préjudice à l'intérêt général ou atteinte aux droits d'autrui. 29. Toute altération du contenu des informations obtenues ayant porté préjudice à l'institution ou l'organisme concerné ou utilisation ou réutilisation de ces informations ayant porté atteinte ou préjudice à l'intérêt général ou atteinte aux droits d'autrui en court pour la personne qui a obtenu ou utilisé lesdites informations, selon le cas, des sanctions prévues à l'article 360 du Code pénal. | Does provide for reuse but under restrictive terms and with harsh penalties for breaching them |
| Namibia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 78(1) Subject to subsection (2), information to which a requester is granted access under this Act becomes information in the public domain irrespective of whether the information is published or not. (2) If a requester is granted access to - (a) his or her personal information; (b) personal information of his or her next of kin; or (c) personal information of a person for whom he or she is the legal representative, such information does not become information in the public domain only by reason of that granting of access. | One point given because this is only a very partial form of protection for re-use. |
| Niger | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 17: Les conditions de réutilisation des informations publiques, ainsi que les bases de calcul retenues pour la fixation éventuelle du montant des redevances éventuelles, sont communiquées, par les administrations qui ont produit ou détiennent ces informations, à toute personne qui en fait la demande. | Article 17 allows for some conditions on reuse |
| Romania | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | N/A | Not mentioned. |
| South Korea | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Not mentioned but some benefit of doubt given. | |
| Spain | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Ley 37/2007, de 16 de noviembre, sobre reutilización de la información del sector público. Artículo 7(Contraprestaciones económica): 1. Podrá aplicarse una tasa o un precio público por el suministro de documentos para su reutilización en las condiciones previstas en la Ley 8/1989, de 13 de abril, de Tasas y Precios Públicos o, en su caso, en la normativa que resulte de aplicación en el Ãmbito autonómico o local, teniendo en cuenta para su determinación a estos efectos, entre otras condiciones, la existencia de tasas o precios públicos para el acceso. Artículo 8 (Condiciones de reutilización): La reutilización de la información de las Administraciones y de los organismos del sector público a los que se refiere el artículo 2 de la presente ley podrá estar sometida, entre otras, a las siguientes condiciones generales: a) Que el contenido de la información no sea alterado. b) Que no se desnaturalice el sentido de la información. c) Que se cite la fuente. d) Que se mencione la fecha de la última actualización. | La normativa específica de reutilización de información estipula que podrá aplicarse una tasa. |
| Thailand | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 1 | Section 20. "In disclosing any information the disclosure of which may constitute liability under any law, the State official shall be deemed to he exempt from such liability if he acts in good faith in the following circumstances: (...) (2) in respect of the information under section 15, where the State official of the level specified in the Ministerial Regulation issues an order for a general disclosure or a specific disclosure to any person for securing a benefit of greater importance which relates to public interest, life, body, health or other benefit of a person and such order is reasonable; for this purpose, a restriction or condition may be imposed on the use of such information as appropriate. The disclosure of the information under paragraph one does not constitute a ground for exempting the State agency from liability under the law, if any in such case." Section 41. Any person who violates or fails to comply with the restriction or condition imposed by the State official under section 20 shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand Baht or to both. | 20(2) allows for restrictions on reuse of information disclosed in the public interest. See also 41. |
| Togo | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Article 17 : (1) Les informations et les documents publics peuvent être utilisés par toute personne qui le souhaite à d'autres fins que celles de la mission de service public pour les besoins de laquelle les informations ont été produites, reçues ou détenues. (2) Leur réutilisation est gratuite sous réserve des dispositions de l'article 19. Article 18 : Sauf accord de l'organisme public, l'utilisation des informations et des documents publics est soumise à la condition que ces dernières ne soient pas altérées, que leur sens ne soit pas dénaturé et que leurs sources et la date de leur dernière mise à jour soient mentionnées. Article 19 : (1) L'utilisation des informations et des documents publics peut, le cas échéant, donner lieu au versement de redevances et à la délivrance d'une licence. Cette licence est obligatoire lorsque la réutilisation est soumise au paiement d'une redevance. (2) La licence fixe les conditions d'utilisation des informations et des documents publics des organismes publics. (3) Ces conditions ne peuvent apporter de restrictions à l'utilisation que pour des motifs d'intérêt général et de façon proportionnée. Elles ne peuvent avoir pour objet ou pour effet de restreindre la concurrence. See also Article 50 for fines for breach of rules on reuse. | Free reuse but cannot alter and subject to payment of fees. |
| Tunisia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | N/A | There are some rules on free reuse of information in Tunisian law but these are not comprehensive. |
| Angola | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 10(1) It is forbidden to use information without due respect for copyright, industrial property rights as well as reproduction, dissemination and use of such documents and the information therein contained, which could constitute practices of unfair competition. (2) Personal data communicated to third parties shall not be used for purposes other than those for which access was authorised, and shall otherwise entail liability for losses and damages under the terms laid down in the law. | Art 10 - The information is limited for use requested |
| Antigua and Barbuda | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Armenia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Bangladesh | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Belgium | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Loi n° 94-1724, Article 10 establishes that "Administrative documents obtained under this Act may not be broadcast or used for commercial purposes." | There is a limitation on commercial reuse of information obtained under the right of access to documents. |
| Belize | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Benin | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Bolivia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Bosnia and Herzegovina | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Brazil | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| China | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Colombia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Costa Rica | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Croatia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Art 32. Public body can charge material costs for reuse regarding reproduction of information, based on prescribed criteria. In addition, public body can charge additional costs if the body is moslty financed by its revenue or the information requested is the one which ensures coverage of costs for the public body. | |
| Cyprus | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Czech Republic | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Section 14a. "(1) If information subject to copyright protection 2b) is to be provided based on licensing or sublicensing agreement and the property rights for the subject of the copyright protection are exercised by an obligated body not listed in Section 11 paragraph 5, all matters not governed by this Act shall be processed under the Intellectual Property Act 2b). (2) The authorization fees for the use of information must not exceed the fees under Section 17, unless stipulated otherwise in a special legal regulation or a licensing agreement between the obligated body and the party that transferred the right to handle the subject of copyright to the obligated body." | |
| Denmark | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Dominican Republic | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| East Timor | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 12 Re-use of documents The re-use of documents is subject to the express authorization of the entities referred to in Article 1, and Articles 9 to 11 of this law shall apply mutatis mutandis. | |
| Ecuador | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| El Salvador | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Estonia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Ethiopia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Fiji | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Finland | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. No restrictions on the re-use of information (except for personal data). Directive 2003/98/EY has been implemented by the Openness Act. |
| France | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 12. Conditions for reuse. | |
| Georgia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Germany | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Under the EU PSI Directive, databases can be sold. |
| Ghana | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Guatemala | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Guyana | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 42(3) The giving of access to a document including an exempt document in consequence of a request shall impose on the person to whom access is given, the obligation to disclose accurately when and if disclosure is intended. [...] (5) Nothing in this Act shall be construed as authorising the disclosure of any official document [...] (b) the disclosure of which would be in breach of confidence or of copyright. | 42(3) - an obligation on requesters to only disclosure received information accurately - not sure what that means. 42(5)(b) exempts information whose disclosure would breach copyright. |
| Honduras | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Hungary | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| India | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Indonesia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 5(1) The Public Information User is obliged to use Public Information in accordance with the law. (2) The Public Information User is obliged to state the source of his Public Information that is used for his/her own interest as well as for publication purposes, in accordance with the law. 51 Every person who deliberately uses Public Information against the law is sentenced to prison for a maximum of 1 (one) year and/or is fined for a maximum of Rp. 5,000,000.00 (five million rupiah). | 5(1) mentions some restrictions, though their scope and extent are unclear. 51 fine for misuse of information reinforces this. |
| Iran | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 2. Every Iranian citizen has the right to have access to public information, unless otherwise prohibited by law . The use of public information shall be consistent with related laws and regulations. | |
| Ireland | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Jamaica | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Jordan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Kenya | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 28(10) A person to whom information is disclosed under this Act, conveys that information to others but who alters the information, or conceals part of the information or misrepresents the information, with intent to deceive, commits an offence, and is liable on conviction to fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding one year, or to both. | |
| Kuwait | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Reg. 2. Every person may submit to the authority, in writing or electronically, an application containing the following: 6) A pledge by the person not to use the information they perused or documents they obtained, unless in the cases decided upon legally. | |
| Lebanon | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 17: Acceptance of the request for access: If the request is approved, the appointed employee shall enable the requester to obtain the information that he specified in his request. In the case that the request asked for access to more than one piece of information, the appointed employee may allow the requester to access part of the information if the rest falls within the scope of the exceptions stipulated in this law, without prejudice to intellectual property rights. Article 20: Reusing information: The right to access information does not entitle its beneficiaries or other persons to convey, publish, or use the accessed documents for commercial purposes unless said documents are compiled into collections of information whose content selection or arrangement constitutes an innovation under Article 3 of Law no. 75 of 3/4/1999 (On the Protection of Literary and Artistic Property), provided that said documents contain no personal information and without prejudice to intellectual property rights. The above shall be under pain of halting the infringer’s activity and fining him no less than double the material gain obtained. | Strict limits on reuse. |
| Liberia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned. | |
| Liechtenstein | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned in law nor regulation. |
| Lithuania | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Luxembourg | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Malawi | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 54. Any person who, having being granted access to information under this Act, uses that information – (a) for unlawful purposes; (b) for reasons other than those for which a request for information was made, without the authority of an information holder; or (c) in such a manner so as to be detrimental to the interests of public officers, information holders or public interest, commits an offence, and shall, on conviction be liable to a fine of three million kwacha (K3,000,000.00) and imprisonment for three years. | |
| Maldives | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned. | |
| Malta | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned. | |
| Moldova | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Monaco | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Mongolia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 12.2. An information requesting party shall have the following obligations when receiving information: 12.2.2. not to violate the Constitution of Mongolia, other laws, rights and lawful interests of others when exercising his/her right to receive information; | Clear restrictions on reuse |
| Mozambique | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | ARTIGO 41 (Misuse of information) 1. The misuse of information is punished in terms of defamation injury and libel by the Criminal Law. 2. Without prejudice to the previous number, the misuse of information can be punished by other criminal dispositions. Right to Information Law Regulation ARTIGO 3 (Right to information) 1. Citizens, private or public legal persons and medias interested have the right to request, search, consult, receive and divulgate public interest information possessed by the entities defined in the art. 3 of the Right to Information Law and in the present Regulation. | Refers to right to divulge information received but 41 punishes \'misuse\' of information. |
| Nepal | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 31. Information not to be Misused: (1) A person who obtains information from a Public Body shall not misuse the information by not using it for the same purpose that was considered. (2) The concerned Public Body may complain to the Commission against a person who misuses the information against Sub-Section (1). Rule 24. Procedure to submit a complaint in relation to misuse of information: (1)Any person, who obtained an information from any public body, has misused an information not using it for the purpose that was received, the concerned public body shall submit a complaint before the Commission within thirty five days of information received about the misuse of such information. (2) While investigating such complaint received pursuant to Sub-rule (1), if it is found that information was misused by such person, the commission shall punish such a person pursuant to the Act. (3) Before imposing any punishment if the Commission thinks appropriate, it may call upon such person before the Commission and record the statement. | |
| Netherlands | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 11h of the Government Information (Public Access) Act (WOB) says that \"the total income from supplying and allowing re-use should not exceed the cost of collection, production, reproduction and dissemination of information, together with a reasonable return on investment\". | |
| New Zealand | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 48 Protection against certain actions (2) The making available of, or the giving of access to, any official information in consequence of a request made under this Act shall not be taken, for the purposes of the law relating to defamation or breach of confidence or infringement of copyright, to constitute an authorisation or approval of the publication of the document or of its contents by the person to whom the information is made available or the access is given. | No – see s. 48(2) OIA |
| Nicaragua | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned | |
| Nigeria | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| North Macedonia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Norway | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned. | |
| Pakistan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Palau | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned | |
| Panama | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned | |
| Paraguay | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | |
| Peru | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Poland | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned, but there are those charges copied from the PSI Reuse Directive. | |
| Qatar | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | مادة 5: يجوز لطالب المعلومات استخدام أو إعادة استخدام المعلومات التي قامت الجهات المعنية بنشرها تلقائياً، مع مراعاة ما يلي: (1) يتم استخدام المعلومات لأغراض مشروعة. (2) عدم تحريف مضمون المعلومات. (3) ضرورة الإشارة إلى مصدر المعلومات وتاريخ إصدارها. (4) - عدم الإساءة للغير أو الإضرار بالمصلحة العامة. المادة 10 تُنشر المعلومات المنصوص عليها في المادة السابقة على الموقع الإلكتروني للجهة المعنية، بصورة قابلة للمعالجة الآلية، ويجوز نشرها بأي وسيلة أخرى واسعة الانتشار، على النحو الذي يتلاءم مع طبيعة عملها. مادة 16: لا يجوز نشر المعلومات غير الشخصية التي تم الحصول عليها بناءً على طلب، عن طريق وسائل الإعلام أو وسائل التواصل الاجتماعي أو الطبع أو بأي وسيلة أخرى، إلا بعد الحصول علـى إذن من الجهة المعنية مادة 24: يُعاقب بالحبس مدة لا تجاوز ستة أشهر وبالغرامة التي لا تزيد على (50,000) خمسين ألف ريال، أو بإحدى هاتين العقوبتين، كل من خالف أياً من أحكام المادة (5) من هذا القانون 5. The information requester may use or reuse the information that the relevant authorities have automatically published, taking into account the following: (1) The information is used for legitimate purposes. (2) Do not distort the content of the information. (3) It is necessary to indicate the source of the information and the date of its release. (4) Not to offend others or harm the public interest. 10. The information stipulated in the previous article shall be published on the website of the concerned authority, in a form capable of automated processing, and may be published by any other widespread means, in a manner consistent with the nature of its work. 16. It is not permissible to publish non-personal information obtained upon request, through the media, social media, print, or any other means, except after obtaining permission from the concerned authority. 24. Anyone who violates any of the provisions of Article (5) of this law shall be punished by imprisonment for a period not exceeding six months and a fine not exceeding (50,000) fifty thousand riyals, or by one of these two penalties. |
There is some recognition of the idea of reuse, including that information should be published in an open format, but it is limited to information that is subject to proactive publication, has unwarranted limitations and severe penalties for breach of those conditions (much harsher, for example, than for obstructing access, which only gets a fine pursuant to Articles 22 and 23.) |
| Republic of Belarus | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 1. Main terms used in this Law and their definitions • access to information – a possibility to acquire information, and to use it; Article 2. Scope of this Law This Law shall regulate social relations arising during: • search, receipt, transmission, collection, processing, accumulation, storage, dissemination and (or) provision of information, as well as use of information; Article 34. Rights and obligations of user of information A user of information shall be entitled to: • receive, disseminate and (or) provide information; • use information technologies, information systems and information networks; • get acquainted with their personal data; • pursue other actions in accordance with this Law and other legislative acts of the Republic of Belarus. A user of information shall be obliged to: • respect the rights and legitimate interests of other persons when using information technologies, information systems and information networks; • take measures to protect information, if such an obligation is established by legislative acts of the Republic of Belarus; • ensure safety of information, dissemination and (or) provision of which is restricted, and not to transfer it in whole or in part to third parties without the consent of the information owner; • perform other obligations in accordance with this Law and other legislative acts of the Republic of Belarus. | No charges or specific limitations, but other legislative acts of the Republic of Belarus can determine this. In practice there are cases when the state closes access to open data, and offers to use the information on a paid basis. |
| Rwanda | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 2(2): access to information: to request, receive, look at, understand, peruse, take a sample of, copy and use information in a way that is not contrary to the Law. | Article 2(2) - can only be used in ways not contrary to the law |
| Saint Kitts and Nevis | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| San Marino | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 32. 1. Anyone who accesses administrative documents pursuant to Article 25 shall be responsible for the use of the data and information collected. 2. Public data and information collected as a result of access to administrative documents granted pursuant to this Law may be used within the limits of the protection of legally relevant situations. 3. In any event, any use for commercial purposes of data and information collected as a result of access to administrative documents granted pursuant to this law is prohibited. 33. 1. The data and information contained in documents made public pursuant to Article 31 may be freely used, unless expressly prohibited by special rules, even for purposes other than those of the public interest protection mission or the public service mission for which the documents were produced or received. 2. Any use of the consulted documents in conflict with the law of literary property or with the rules of copyright is forbidden. Regulation of 2 December 2015, No. 16, 8(1). All documents, information and data subject to publication under the above articles are public and anyone has the right to know and use them freely under Article 33 of Law n.160/2011, with the obligation to cite the source and respect integrity. | Although the 2015 regulation governing proactive disclosure has fewer limits on reuse, the 2011 legislation governing reactive disclosure has strict limitations on reuse, so no points are awarded. |
| Serbia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Seychelles | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Sierra Leone | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned. | |
| Slovakia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| South Africa | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Sudan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Sweden | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Databases can be sold for reuse in Sweden under European PSI Directive rules. | |
| Switzerland | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 6 (Principle of Freedom of Information). Section 2: "The documents may be inspected in situ or a copy thereof may be requested. The legislation governing copyright is reserved." ORDINANCE ON FREEDOM OF INFORMATION IN THE ADMINISTRATION. Section 2 Right of Access to Official Documents. Art. 5 (Provision of copies): "1. On request by the applicant, the authority shall provide a copy of the official document, provided that the production of such copies does not affect the physical integrity thereof. 2 If the document is subject to copyright, the authority shall inform the applicant as to the applicable limitations on its use." | The information that has a copyright will be considered as reserved. |
| Taiwan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Tajikistan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Tanzania | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Section 18(1) Subject to the provisions of section 6, a person who receives the information from the information holder shall not distort such information. (2) Any person who contravenes the provisions of subsection (1) commits an offence and shall, upon conviction, be liable to imprisonment for a term not less than five years. | Very severe penalties (2-5 years' imprisonment) for "distorting" information. |
| Trinidad and Tobago | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Turkey | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | No mention about this. |
| Uganda | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| United Kingdom | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | The Re-use of Public Sector Information Regulations 2005, Section 5 (about Exclusions). | There are charges on Re-use for some datasets an there is copyright (no points). |
| Uruguay | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
| Uzbekistan | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Venezuela | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
| Vietnam | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 8(2): Citizens shall have obligations as follows:(b) Not distorting provided information;(c) Not infringing upon the rights and legitimate interests of agencies, organizations and individuals while exercising the right to access to information. Article 11: (2) Providing or using information against the Socialist Republic of Vietnam; undermining the unity policy; inciting violence; (3) Providing, using information to infringe upon the dignity, honor, prestige, causing gender discrimination and/or damage to the property of individuals, agencies and organizations. Article 15(3): Information requester using the provided information to adversely affect the legitimate rights and interests of agencies, organizations and other persons shall be held liable as prescribed by law. | No guarantees and number of general restrictions on reuse. |
| Yemen | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned. | |
| Zambia | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned | |
| Zimbabwe | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
