Where is open data in the Open Data Directive?

Abstract

The re-use of non-sensitive public sector information is deemed crucial for the realisation of the European data economy. The latest regulatory iteration in this field comes in the form of the Directive on Open Data and the Re-use of Public Sector Information, which is known as the Open Data Directive (ODD). It is a recast of Directive 2003/98/EC on the re-use of public sector information – or the Public Sector Information (PSI) Directive – which is entrenched in the internal market and focused on sharing data for economic gain. However, the new directive further embraces the concept of ‘open data’, a concept rooted in openness and transparency for citizen participation. It is important to interrogate and elicit which aspects of open data the directive incorporates, and which ones fall outside of its purview. Hence, the present paper undertakes a critical analysis of the ODD. It asks firstly, how does the directive align with and diverge from the rationale and requirements of the movement for open data? And secondly, what are the implications of this for citizen participation? The findings show that the original largely technical principles of open data are somewhat respected and incorporated into the ODD but are disjointed from the rationale behind them. References to citizen participation in the directive and supporting documentation, while welcome, risk being little more than window dressing.