Because the original and essential value of spatial data A- data
that refer to specific geographical locations or areas A- lies in
environmental decision-making, such data mostly originate in the
public sector and are made available to people, companies, and
public bodies according to rules of access, re-use and sharing. In
the European Union, a complex system is in place by which public
provision of spatial data is determined according to a tripartite
distinction: sharing among public bodies for environmental policy
purposes; public information or access upon request; and re-use for
commercial or non-commercial purposes based upon the economic value
of the data. How well does this distinction hold up against actual
demands? It is the contention of this important book that these
three categories overlap in practice, and that the rules that
emerge from this distinction A- and govern use of the data A- are
rendered ineffective by the character of the public task, which
remains contingent, evolving, and political. In the first study to
treat the subject in depth, Katleen Janssen analyses the concepts
that determine the application of the EU legal framework for the
availability of spatial data. Drawing on a wide range of relevant
sources A- the fundamental EC directives (including the evolution
towards these texts in earlier initiatives and preparatory
documents), other European legislation, cases at several levels,
and literature from economics and social and political science A-
she clearly exposes the impact of the lack of effective distinction
between the applicable rules. In the course of the analysis,
several major issues and topics arise, including the following: A {
public bodies A| use of the data for extra revenue; A { the public
task debate and competition law; A { charging for public sector
spatial data: cost recovery vs. open access; A { typologies of
data, data providers and users, and data usage The author also
offers numerous perspectives on various relevant initiatives by
United Nations agencies, the Council of Europe (including case law
of the European Court of Human Rights), and the Organisation for
Economic Co-operation and Development, as well as implications
embodied in the Rio Declaration on Environment and Development and
the Aarhus Convention. It would be difficult to overestimate the
significance of this incisive work in the development of European
environmental law. In its detailed analysis of the goals for which
spatial data are provided, the level of processing the data undergo
before they are made available, and the type of data that are
requested, it gives policymakers, practitioners and academics in
the field a rich depository of information, commentary, guidance,
and insight.
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