Law (2010:566) On The Re-Use Of Public Sector Documents

Original Language Title: Lag (2010:566) om vidareutnyttjande av handlingar från den offentliga förvaltningen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:566

The policy of the law, etc.



§ 1 the aim of this law is to promote the development of a

information market by facilitating individuals '

use of documents provided by the authorities.



The law is intended to prevent the authorities decide if such

conditions for the re-use of documents that restrict

competition.



Provisions relating to the provision of documents are available in other

Constitution. Law (2015:289).



The scope of the law



section 2 of the Act apply to the re-use of such documents

provided by State and municipal authorities.



The law also applies to the re-use of such documents

provided by the bodies listed in the annex to

public access to information and secrecy (2009:400), if the file

related to the activities referred to therein, and such documents

provided by the Corporation, partnership, economic

associations and foundations in which municipalities or county councils exercise

a judicial control. These bodies shall at

the application of this law should be equated with the authorities.

Law (2015:289).



section 3 of this Act do not apply to documents



1. may not be provided,



2. provided in a competitive

activities,



3. an authority provides another authority, except when

It is apparent that the documents will be used in competitive

activities,



4. available in other educational or research institutions

than the University Library,



5. available in other cultural institutions than archive, library

and museums,



6. does the computer program, or



7. third parties hold rights to under the Act (1960:729) om

Copyright in literary and artistic works.

Law (2015:289).



section 4 of the Act does not affect the exercise of such exclusive rights

to the provisions of the Patents Act (1967:837), design protection act

(1970:485), trade names Act (1974:156), the Act (1992:1685) on the protection

of topographies of semi-conductor products,

växtförädlarrätts Act (1997:306) or trademark law

(2010:1877). Law (2015:289).



Allowed re-use



§ 5 the re-use is allowed for documents

provided by the authorities, with the limitations of a

authority is obliged to decide whether or which otherwise follows the

of the Constitution. Law (2015:289).



Definitions



section 6, for the purposes of this law



documents: such acts as described in Chapter 2. paragraph 3 of the first

the first sentence of freedom of the Press Act,



Re-use ' means the use of documents for other purposes

other than the initial purpose for which the documents processed

by an authority. Law (2015:289).



Fees



section 7 If an authority may levy charges for re-use

of documents, fees may not exceed the cost of

to reproduce, make available and disseminate documents, if

subject to the second or third paragraph.



If an authority is obliged to make a charge at the

Re-use of documents, to cover a substantial

part of the cost of an activity, the overall

revenue does not exceed the cost of collection,

producing, reproducing and disseminating documents, together with a

reasonable return on investment.



Such archives, libraries and museums may levy fees at

Re-use of documents, to apply the provision in

second subparagraph, regardless of demands for cost recovery. Law (2015:289).



Other terms and conditions



section 8 conditions for re-use should be relevant and non-

discriminatory for comparable categories of

Re-use. The conditions shall not unnecessarily restrict

possibilities for re-use.



section 9 If an authority who reuse documents in its

competitive business, the same charges and other

conditions for the provision of the documents applied for

This activity as any other re-user

documents. Law (2015:289).



section 10 subject to the provisions of the second subparagraph, an authority

not grant an exclusive right to re-use

documents, except when it is necessary to provide the

a service of general interest. Such an exclusive right shall

be granted for a maximum period of three years at a time.



In addition to what follows from the first subparagraph, archives, library

and museums grant an exclusive right in the digitalization of

cultural resources. If the exclusive right is more than ten years,

It shall be reviewed during the eleventh year and thereafter every

seventh year.



Later when the exclusive right referred to in the second subparagraph has been

out to the granted right, provide it with a free

copy of the digitized cultural resources with a right to

freely use and distribute the material.



If an authority grants such exclusive right referred to in

the first and second subparagraphs, it shall publish the information

about this. Law (2015:289).



Information on conditions



section 11 of an authority shall inform about charges, including

basis, and other conditions for re-use.



A public authority shall publish a list of the types of

documents that usually can be provided electronically to

reclamation and associated information.



The information referred to in the first and second subparagraphs shall be

be submitted electronically and free of charge. Law (2015:289).



The processing of a request for re-use



12 § When a body referred to in paragraph 2 shall be assimilated

authority is dealing with a case concerning the re-use of

the documents provided by the Agency, the following

provisions of the Administrative Procedure Act (1986:223) are applied:



(5) section about individual contact opportunities,



– paragraphs 11 and 12 of his disqualification,



– paragraph 14 of a party's right to communicate

orally,



– section 15 if the annotation of data;



– paragraphs 16 and 17 if a party's right to receive information,



– paragraph 21 on notification of decisions,



-22 and 23-25 sections on appeal,



to 26 § correcting typos and the like,



– paragraphs 27 and 28 for reconsideration of the decision, and



to 30 of about the appeal of the rejection decision.

Law (2015:289).



section 13 a request for re-use of documents shall

be dealt with expeditiously.



Decision on the re-use



section 14 of The Authority shall, on request, provide a written decision,

If re-use has been accompanied by conditions or if a

requests for re-use is refused. Such decisions shall

include the reasons which have determined the outcome of the case.



If the decision is based on a re-use should

infringe on third party rights under the Act (1960:729) om

Copyright in literary and artistic works,

authority in order to specify who is the beneficiary, if

He is known, or the licensor that the authority has

got the information from. Archives, libraries and museums need to

not, however, provide such information. Law (2015:289).



Appeal of decision



section 15 Decision by an authority other than the Government, the Supreme

Court, the Supreme Administrative Court or the parliamentary

Ombudsmen in a case under this Act may be appealed

in administrative law. Decision of an administrative law in a

case that has begun there, as well as the decision of a District Court or

a Court of appeal, be appealed in court. Decision of a

Chamber right in a case that has been launched where be appealed to

The Supreme Administrative Court.



Leave to appeal is required for an appeal to the administrative court.

However, this does not apply in respect of matters which have been initiated in

an administrative law, District Court or Court of appeal. Law (2010:1494).



section 16 If a decision of such a body, which according to paragraph 2 of the other

the paragraph is equated with authority be appealed, shall be

the individual's counterpart since the file has

submitted to the Court.