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Reuse

Everyone has the right to re-use public sector information.

Public sector information is any content or part thereof, regardless of the method of recording, held by an obliged entity. So it's any information that a public institution has. It can be in any form, e.g. paper, electronic, audio, visual, audiovisual.

Re-use is the use by a natural person, legal person or unincorporated organisational unit of public sector information for any purpose, except for the exchange of public sector information between obliged entities solely for the purpose of carrying out public tasks. It is therefore about any further use of public sector information, e.g. in products, services or applications, by entrepreneurs, NGOs or any interested person.

Everyone has the right to re-use public sector information:

  1. Shared in:
  • Public Information Bulletin of the obliged entity,
  • Data Portal,
  • other ICT system of the obliged entity.
  1. Submitted on a request for re-use.

 

The re-use of public sector information is regulated in the Announcement of the Marshal of the Sejm of the Republic of Poland of 16 June 2023 on the publication of the consolidated text of the Act on Open Data and Re-use of Public Sector Information (hereinafter referred to as the Act).

Re-use of public sector information made available in the Data Portal

Conditions for reuse

The terms and conditions for the re-use of public sector information made available in the Data Portal are posted on the portal next to the dataset.

Information on reuse fees

Public sector information made available in the Data Portal is made available for re-use free of charge.

 

Re-use of public sector information made available on the website of the Chancellery of the Prime Minister.

Conditions for reuse

Public sector information made available on the website of the Chancellery of the Prime Minister (hereinafter: Chancellery of the Prime Minister) is made available for reuse under the Creative Commons Attribution 3.0 Poland license, unless otherwise stated.

The Chancellery of the Prime Minister shall not be liable for any further re-use of public sector information made available on the Chancellery of the Prime Minister's website.

Information on reuse fees

Public sector information made available on the Chancellery of the Prime Minister's website is made available for re-use free of charge.

Re-use of public sector information provided upon request

Conditions for reuse

The Chancellery of the Prime Minister may define conditions for re-use that are objective, proportionate, non-discriminatory and that do not unduly restrict the possibility of re-use of public sector information.

The Chancellery of the Prime Minister may define the conditions for the re-use of public sector information using standard open licenses.

Information on reuse fees

Upon request, the Chancellery of the Prime Minister provides public sector information for re-use free of charge. In some cases, however, the Chancellery of the Prime Minister may impose a fee.

  1. A fee for re-use resulting from additional costs.

The Chancellery of the Prime Minister may impose a fee for re-use if the preparation or transmission of information in the manner or form indicated in the application for re-use requires incurring additional costs.

In determining the amount of such a fee, the Chancellery of the Prime Minister takes into account the costs of preparing or providing public sector information in a specific manner or form, as well as other factors taken into account when considering requests for re-use, which may affect, in particular, the cost or time of preparing or providing the information.

Costs may also include the costs of anonymisation activities or measures taken to protect trade secrets.

The amount of the fee may not exceed the sum of the costs directly incurred for the preparation or transmission of public sector information for re-use in a specific manner or form.

The fee is calculated individually for each application.

  1. Fee for the re-use (on a permanent basis and directly in real time) of public sector information collected and stored in the ICT system of the Chancellery of the Prime Minister.

When determining the amount of such a fee, the Chancellery of the Prime Minister takes into account the costs resulting from the adaptation of the ICT system or technical and organizational conditions to the implementation of the application for re-use.

The fee is calculated individually for each application.

Application requirements and basic information about the processing procedure.

  1. In particular, the application should include:

 

  1. the name of the entity to which the request is addressed;
  2. the name of the applicant or the name of the company or institution;
  3. address enabling the delivery of the response (e.g. postal address, e-mail address, electronic mailbox address (ESP) - ePUAP);
  4. an indication of the public sector information to be re-used and, if it is already made available or has been transferred, the conditions under which it is to be re-used and the source of the sharing or transfer;
  5. an indication of the purpose of the re-use, including the type of activity in which the public sector information will be re-used, in particular the goods, products or services;
  6. indication of the form of preparation of public sector information (e.g. paper copy, USB stick, electronic file) and, in the case of electronic form, also indication of the data format;
  7. indication:
  1. the manner in which public sector information is provided, unless it is made available or has not been provided in any other way (e.g. by e-mail, ePUAP, letter), or
  2. the manner and period of access to information collected and stored in the ICT system of the Chancellery of the Prime Minister (ATTENTION! It concerns only the request for the re-use, on a permanent and direct basis in real time, of public sector information collected and stored in the ICT system of the Chancellery of the Prime Minister).

 

  1. The application can be submitted in paper or electronic form:

 

  1. by e-mail to: bip@kprm.gov.pl
  2. via Electronic Inbox (ESP) – Send a General Letter
  3. by post to the following address:

Chancellery of the Prime Minister
Al. Ujazdowskie 1/3,
00-583 Warsaw

  1. Consideration of the application

The Chancellery of the Prime Minister shall consider the application immediately, but no later than within 14 days from the date of its receipt. If the application cannot be considered within 14 days, the Chancellery of the Prime Minister shall notify the applicant within this period of the reasons for the delay and the deadline within which it will consider the application (but not later than 2 months from the date of submission of the application).

Information on your remedies if you refuse to consent to re-use and your right to object.

  1. Right to object to an offer.

An applicant who has received an offer from the Chancellery of the Prime Minister containing the conditions for re-use or information on the amount of fees for re-use, or in the case referred to in Article 10(4) of the Act, information on the reasons for the inability to provide public sector information and an indication of how or in what form public sector information may be provided, may, within 14 days from the date of receipt of the offer, file an objection due to the infringement of the provisions of the Act or notify the Chancellery of the Prime Minister of the acceptance of the offer.

Failure to notify the Chancellery of the Prime Minister of accepting the offer within 14 days from the date of receipt of the offer is tantamount to withdrawal of the application.

If an objection is received, the Chancellery of the Prime Minister, by way of a decision, will decide on the conditions of re-use or the amount of fees for re-use or, in the case referred to in Article 10(4) of the Act, will refuse to consent to the re-use of public sector information.

  1. Legal remedies available to the applicant in the event of a decision by the Chancellery of the Prime Minister refusing to consent to the re-use of public sector information and a decision on the conditions of re-use or the amount of fees for re-use.

An applicant who has received a decision may, within 14 days from the date of its delivery, apply to the Chancellery of the Prime Minister for reconsideration of the case.

The applicant may, during the time limit for filing a request for reconsideration, waive the right to make such a request. In such a case, the decision becomes final and final and there is no possibility to appeal the decision to the provincial administrative court.

Alternatively, the applicant may lodge a complaint against the decision with the Provincial Administrative Court in Warsaw, through the Chancellery of the Prime Minister, within 30 days from the date of its delivery, without exercising the right to file a motion for reconsideration of the case.

The decisions shall contain an appropriate notice of the remedies available to the applicant.

 

 

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