Reuse of public sector information

    Reuse of public sector information

    Reuse of public sector information

    The rules and procedure concerning making available and transferring public sector information for the purpose of reuse are determined in the Act of 25 February 2016 on reuse of public sector information (Journal  of Laws item 352).

    Terms and conditions of reuse of public sector information made available at www BIP MF
    Unless other terms and conditions were defined for reuse of the specific public sector information, entities downloading such information for the purpose of its reuse shall be bound to:

    1. inform of the source, time of information generation and acquisition from the obliged entity, by providing the full name of the Ministry of Finance or the abbreviated name - MF;
    2. inform of reused information processing;
    3. inform of the name, surname or nickname of a creator or an artist of the contractor, if unknown - in the case when the reuse refers to public sector information fulfilling the features of the work or the subject of related rights within the meaning of the provisions of the Act of 4 February 1994 on copyrights and related rights, or constituting the database within the meaning of the provisions of the Act of 27 July 2001 on the protection of databases, to which the creator or the artist holds economic copyrights or related rights.

    Scope of liability of the Ministry of Finance for information made available
    The Ministry of Finance shall not be liable for the content of public sector information processed by the entity reusing such information.

    Fees for reuse
    Public sector information is made available for the purpose of its reuse free of charge.
    However, the Ministry of Finance may impose a fee for information reuse if the preparation or provision of information in the manner or in the form indicated in the application shall require incurring additional costs. When determining the fee, costs of preparation or provision of information in the specified manner and in the specified form are taken into account as well as other factors considered while examining non-standard applications for reuse which may affect, in particular, the cost or time or information preparation or provision. The fees are determined for each application on a case by case basis. The fee shall be charged in the total costs exceed PLN 20.

    Information on remedies applicable in case of refusal to approve information reuse and the right to object
    The applicant who received the offer containing the terms and conditions of information reuse or information concerning the level of fees for reuse, shall have the right to object due to infringement of the provisions of the Act (Article 23(2) and Article 24(2) of the Act of 25 February 2016 on reuse of public sector information).

    The applicant who received the decision on refusal to approve public sector information reuse or the decision on the terms and conditions of information reuse, or the level of fees for information reuse, shall have the right to submit the application for re-examining the case (Article 25(1) of the Act of 25 February 2016 on reuse of public sector information, in conjunction with Article 127 § 3 of the Act of 14 June 1960 - Code of administrative procedure - Journal of Laws of 2016, item 23, as amended).

    In accordance with Article 25(2) of the Act of 25 February 2016 on reuse of public sector information, the applicant shall have the right to appeal to the Regional Administrative Court in the scope defined in the Act of 30 August 2002 – Law concerning the procedure before administrative courts (Journal of Laws of 2016, item 718, as amended).