Regulations on re-use of public sector information being in the possession of the Polish Geological Institute – National Research Institute (PGI-NRI)
- The rules and procedures of re-using public sector information are set in the act from 25 February 2016 on re-use of the public sector information (Dz.U. 2016, position 352), hereinafter called “the Act”.
- “Public sector information”(“PSI”) means any content or its fragmentregardless of the method of its fixation (in paper or stored in electronic form or as a sound, visual or audiovisual recording) held by the establishment.
- “Re-use” means the use of public sector information by persons, legal entities or organisational units with no legal personality, hereinafter called “Users”, for commercial or non-commercial purposes other than the initial public purpose for which the information was created.
- The right to share PSI belongs to the State. The PGI-NRI may share PSI while carrying tasks of the Polish Geological Survey and Polish Hydrological Survey.
- To the shared documents, which:
- have the characteristic of a work in the meaning of the act of 4 February 1994 on copyright and derivative rights(Dz.U. 2016, section 666), should be applied provisions of this act;
- could be identified as data base, should be applied provisions of the act of 27 July 2001on data bases protection (Dz.U. 2001, no. 128, section 1402).
- A right to access PSI is subject to restriction specified in the Act.
TERMS OF RE-USE OF PUBLIC SECTOR INFORMATION
- A person or entityusing information obtained from the PSI-NRI should:
- Provide information about its source, time of its creation and obtaining;
- In case if the obtained information constitute a work in the meaning of the act on copyright and derivative rights, he is obliged to provide information about name and surname of its author, full title, year of its creation and publishing and a date and method of obtaining information from PGI-NRI;
- In case if the obtained information constitutes a data base, a person or entity using such information should use it pursuant to the act of 27 July 2001 on data bases protection.
- A person or entity modifying information obtained from PGI-NRI should specify that the information has been modified and in particular whetherhe uses information in full or in fragments and in which fragments. Information about modification should include full information on the extent of modification and elements mentioned in the section one above. Modifying information being a work in the meaning of the act on copyright and derivative rights should comply with it. Modifying information being part of a data base should comply with the act on data base protection. Moreover regardless from stipulations included in the preceding sentences, a person or entity that will modify information obtained from PGI-NRI is obliged to inform a recipient/s in writing about full content of terms and conditions for using information, in particular about terms regarding liability of the obliged entity.
- 3. PGI-NRI is not liable for:
- Use of information in a way that is incompatible with its original purpose, standard and level of detail, erroneous interpretation and/or improper processing of information. A detailed description of shared information is available in a folder containing information products of PGI-NRI.
- Technical considerations, technical or material mistakes or financial losses related to usage of files obtained from PGI-NRI by means of a software belonging to a person/entity or end user.
- Further sharing of information to third parties by persons or entities re-using it.
- Processing information by third parties.
- Re-using information already shared or made available in a way violating a valid legal order.
- These terms and conditions of re-using information constitute an offer in the meaning of provisions on re-use of public sector information in relations to the information shared:
- In data-communication systems of PGI-NRI,
- On a website of the Public Information Bulletin of PGI-NRI,
- In a central repository of public sector information.
Use of information shared in a way mentioned above is considered as acceptance of the offer by a user.
In relation to information shared on request, these terms and conditions constitute an offer together with information about fees for preparing and sharing information.
INFORMATION ON FEES FOR RE-USE OF PUBLIC SECTOR INFORMATION
- PSI being in possession of PGI-NRI is made available or transferred to be re-used, in principle, free of any charges and fees.
- Pursuant to the art. 17 sections 1 and 2 of the Act, an obliged entity may impose a fee for re-use of PSI, if its preparation or transfer in a way specified in theapplication requires bearing additional costs.
- The following elements should be considered while setting a fee:
- Cost of preparing orsharing of PSI in a given way and form (costs of copying, including materials used, and shipment if its sending is not possible by electronic means of communication).
- Other factors, which should be considered while examining non-typical applications for re-use of PSI, which could impact costs or time of its preparation or sharing (i.e. costs of changing format in which information is shared, to the one specified in the application, provided that the information is available in the other format).
- An aggregate amount of a fee should not exceed a sum of costs borne and directly related to the preparation and sharing of PSI for re-use in a specified manner and form.
- In case of making the PSI available for re-use,which is stored in an electronic information and communication system, in a permanent and direct manner and in a real time, a person or entity submitting application might be charged with a fee, which includes costs of adapting an electronic information and communication system and technical and organizational conditions to successfully process application for re-use of PSI.
- For fees for a carrier of information, on which the PSI is shared for its re-use, it should be applied rates set in the regulation of the Director of PGI-NRI on rules of sharing information. Fees should be transfer to a bank account of PGI-NRI in Getin Noble Bank SA no 52 1560 0013 2366 2335 1965 0001.
- Fees are set individually for each application.
RULES ON RE-USE OF PUBLIC SECTOR INFORMATION MADE AVAILABLE AT A REQUEST
- In order to obtain PSI to re-use, which has not been made available in the electronic information and communication system of PGI-NRI, the applicant should submit an application on the website of Public Information Bulletin or in a central repository of public sector information. The application should include in particular:
- Name of an obliged entity;
- Information on the applicant including his/her/its name and surname or its business name and address, enabling a delivery of a response to the applicant or its proxy in a form specified in the application;
- Specification of the PSI, which will be re-used and if the PSI has already been made available or transferred, specifying terms and conditions under which it should be re-used and its source.
- Specification of a purpose of a re-use (commercial or non-commercial), including indicating a type of activity in which PSI will be re-used and in particular specifying assets, products or services.
- Specification of a form in which the PSI should be prepared and in case of its electronic form, also a data format.
- Specification of method of transfer of the PSI, if it was made available in different manner or method of access to the PSI stored in an electronic information and communication system.
- A dully completed application should be submitted to:
- In paper form – to a general office of PGI-NRI, room 1, Polish Geological Institute – National Research Institute (PGI-NRI), ul. Rakowiecka 4, 00-796 Warsaw.
- An application is examined without undue delay and not later than in 14 days from the day of reception of the application. If the application cannot be examined within 14 days, an applicant should be informed about the causes of delay and new deadline of its examination, which should be not longer than two months from the day the application was submitted.
- In case of non-compliance with formal conditions of the application, the applicant is summoned to remedy formal deficiencies and informed that failing to do so within seven days from the day of reception of a summon notice results in leaving the application unprocessed.
INFORMATION ON AVAILABLE LEGAL REMEDIES
- To decisions on refusal to share PSI to re-use, conditions of its re-use andamount of fees for re-use of PSI should be applied provisions of act from 14 July 1960, Code of Administrative Proceedings (Dz.U. 2016, section 23) to the extent not covered by the Act.
- To complaints examined under the procedure of re-use of PSI should be applied provisions of the act from 30 August 2002 – The Law of the Administrative Courts Procedure (Dz.U. 2016, section 718) but:
- Transfer of files and reply to a complaint should be done within 15 days from the day of complaint reception.
- A complaint is examined within 30 days from the day of reception of files together with a reply to a complaint.
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