Regulations for the reuse of public sector information held by the Polish Geological Institute – National Research Institute (PGI-NRI)

GENERAL CONDITIONS

  1. The rules and procedures for the reuse of public information shall be defined by the Act dated August 11th, 2021 on public data and reuse of public sector information (Journal of Laws of 2021, item 1641, as amended), hereinafter referred to as the "Act".

  2. “Public sector information” shall be understood as any content or part thereof, regardless of collection method, especially in a paper, electronic, audio, visual or audiovisual format, in the possession of an organizational entity.

  3. “Reuse” shall be understood as the use of public sector information by natural persons, legal persons and unincorporated organizational entities, hereinafter referred to as "users", for any purpose, except for the exchange of public sector information between obliged entities exclusively for the performance of public tasks.

  4. The rights to the released information are held by the Polish Treasury. The Polish Geological Institute - National Research Institute makes this information available as part of the tasks performed by the Polish Geological Survey and the Polish Hydrogeological Survey.

  5. To the documents, which:
    • have the characteristics of a work within the meaning of the provisions of the Act dated February 4th, 1994 on Copyright and Related Rights     (i.e. Journal of Laws of 2021, item 1062, as amended), the provisions of this Act shall apply;
    • constituting databases, the provisions of the Act dated July 27th, 2001 on the protection of databases shall apply (i.e. Journal of Laws of     2021, item 386).

  6. The right of access to public sector information shall be subject to restrictions under the provisions of the Act.

TERMS FOR REUSING PUBLIC SECTOR INFORMATION

  1. The user utilizing information obtained from the Polish Geological Institute - National Research Institute is obliged to:
    • provide information about the source, time of production and acquisition of public information;
    • if the obtained information constitutes a work within the meaning of the provisions of the Act on Copyright and Related Rights, to inform about    the name and surname of the author of the work, the full title of the work, the year of production (and printing) of the work, and the date and   manner of obtaining information from PGI-NRI;
    • in case the information obtained is a database, the user utilizing such information shall use it in accordance with the provisions of the Act         from  July 27th, 2001 on the protection of databases.

  2. A user processing information obtained from the Polish Geological Institute - National Research Institute shall be obliged to indicate the fact of processing the said information, and in particular to indicate whether he uses the information in full or fragmentary, and if fragmentary, what fragments. Information on processing must include full details as to the extent of processing and the information indicated in section 1 above. The processing of information that is a work as defined by the Copyright Act shall be carried out in accordance with the Copyright and Related Rights Act, and of databases in accordance with the Database Protection Act. In addition, a user who processes information obtained from PGI-NRI regardless of the conditions specified in the preceding sentences is obliged to inform the recipient(s) in writing of the full content of the conditions of using the information, in particular regarding the liability scope of the obliged entity.

  3. Detailed information on the rules of use of individual PIG-NRI databases, including the accuracy and purpose of the data collected in them, can be found on the websites dedicated to these databases, e.g. for the MIDAS database http://geoportal.pgi.gov.pl/portal/page/portal/midas/zrodlo_danych.

  4. The Polish Geological Institute – National Research Institute is not liable for:
    • the use of information not in accordance with its purpose, standard and detail, misinterpretation and/or improper processing of information;
    • the technical conditions, technical and substantive errors or financial losses associated with the use of files obtained from PGI-NRI through        the entity’s software or the end user;
    • further sharing of the reused information by users to third parties;
    • processing information by third parties;
    • reusing of the information made available or transmitted in a way that violates the applicable legal order.

  5. These terms and conditions for the use of information, constitute an offer, within the meaning of the provisions on the reuse of public sector   information, with respect to the information made available:
    • through the PGI-NRI teleinformatics system;
    • through the website of the Public Information Bulletin of PGI-NRI;
    • through a central repository for public information. The use of the information provided in the manner mentioned above shall be deemed to be    your acceptance of the offer. With respect to information made available via an access request for information, these terms and conditions for    the use of information constitute an offer with information on fees for preparation and provision of said information.

INFORMATION ON FEES FOR THE REUSE OF PUBLIC SECTOR INFORMATION

  1. Public sector information held by PGI-NRI shall be made available or transferred for reuse, as a rule, free of charge.

  2. Pursuant to Article 18 of the Act, the obliged entity may impose a fee for reuse if the preparation or transmission of information in the manner or form indicated in the request for reuse generates additional costs.

  3. In determining the amount of the fee, the following shall be taken into account:
    • the costs incurred while preparing or transmitting the public sector information in a certain way or form (costs of copying the information,     materials used for copying, sending the information if it is not possible to send it electronically);
    • other factors that will be taken into account when considering requests for reuse, which may affect, in particular, the cost or time of preparing    or transmitting the information (e.g. the cost of converting the information into the format indicated in the request, if the requested information    is already available in another format);
    • the total amount of the fee may not exceed the sum of the costs incurred directly for the preparation or transfer of public sector information for    reuse in a specific manner or form.

  4. In the case of enabling reuse, on a permanent and direct real-time basis, of public sector information collected and stored in the ICT system, the applicant may be required to pay a fee taking into account the costs arising from the adaptation of the ICT system and technical and organizational conditions for the implementation of the reuse request. The provision of the first sentence shall not apply to dynamic data and high-value data made available via API.

  5. Carrier fees on which public sector information is made available or transferred for reuse shall be subject to the rates set forth in the disposition by the PGI-NRI Director on the rules for making information available. The fees collected shall be credited to the account of PGI-NRI kept at PKO Bank Polski No. 11 1020 1042 0000 8702 0504 1811.

  6. Fees are set individually for each application.

RULES ON THE REUSE OF PUBLIC SECTOR INFORMATION MADE AVAILABLE ON REQUEST

  1. In order to obtain public sector information for reuse that has not been made available via the PGI-NRI ICT system, via the PGI-NRI Public Information Bulletin website or via the central repository of public information, the applicant shall submit a request containing, in particular:
    • the name of the obligated entity;
    • information about the applicant, including the name and surname or the name and address that will allow the delivery of a response to the     applicant or a representative of that applicant in the manner or form indicated in the application;
    • an indication of the public sector information that will be reused, and if it is already shared or transferred, the conditions under which it is to be    reused, and the source of sharing or transfer;
    • an indication of the purpose of reuse (commercial or non-commercial), including the identification of the type of activities in which public   sector   information will be reused, in particular, the indication of goods, products, services;
    • an indication of the form of preparation of public sector information, and in the case of digital data, also an indication of the data format;
    • an indication of the method of transmission of public sector information, if made available by other means, or method to access the       information collected in the ICT system.

  2. The completed application should be submitted to:
    • in paper form – to the PGI-NRI Registry Office, room 1, Polish Geological Institute – National Research Institute, ul. Rakowiecka 4, 00-796     Warsaw;
    • in electronic form – via email This email address is being protected from spambots. You need JavaScript enabled to view it. or via the Electronic Mailbox of PGI-NRI on the ePUAP platform.

  3. The application shall be processed without undue delay, but no later than 14 days from the day the application was received. If the application   cannot be processed within 14 days, the applicant shall be informed of the reasons for the delay and the date by which the application will be   processed, which shall not be longer than 2 months from the date of application.

  4. In case of non-compliance with formal requirements of the application, the applicant is summoned to remedy formal deficiencies and informed   that failing to do so within 7 days from the day of reception of a summon notice results in the application being left unprocessed.

  5. The review body against a decision to refuse permission to reuse public sector information and the decision on the conditions for reuse or the   amount of fees for the reuse shall be the minister in charge of informatization.

INFORMATION ON AVAILABLE LEGAL TOOLS

  1. The provisions of the Act dated June 14th, 1960, Code of Administrative Procedure (i.e. Journal of Laws of 2021, item 735, as amended) shall apply to the decision to refuse consent for the reuse of public sector information and to the decision on the conditions for reuse or on the amount of fees for reuse, to the extent not regulated by the Act.

  2. The provisions of the Act dated August 30th, 2002 shall apply to complaints considered in proceedings for reuse. - Law on Proceedings before Administrative Courts (i.e. Journal of Laws of 2022, item 329, as amended), except that:
    • transmission of the file and the response to the complaint shall be made within 15 days of receipt of the complaint;
    • the complaint shall be considered within 30 days from the date of receipt of documentation with a response to the complaint.

Person responsible for a content of the website: Anita Starzycka.