ADOPTED BY THE NATIONAL ASSEMBLY AFTER COMMITMENT OF THE ACCELERATED PROCEDURE,

THE MOVEMENT OF DATA AND KNOWLEDGE

THE MOVEMENT OF DATA AND KNOWLEDGE

CHAPTER I

Economy of the dataSection 1

Opening access to public data

Article 1 st

I. – Subject to Articles L. 311-5 and L. 311-6 of the Code of Relations between the Public and the Administration and without prejudice to Article L. 114-8 of the same Code, the administrations mentioned in the first Subparagraph of Article L. 300-2 of the said Code are required to communicate, in compliance with the law n ° 78-17 of 6 January 1978 relating to data processing, files and civil liberties, the administrative documents they Shall hold the other administrations referred to in the first paragraph of Article L. 300-2 who request it for the performance of their public service tasks.

The information contained in administrative documents communicated or published may be used by any administration mentioned in the first paragraph of Article L. 300-2 of the code of relations between the public and the administration that so wishes for the purpose of accomplishing Public service missions other than that for which the documents were produced or received.

From 1 st  January 2017 the exchange of public information between state authorities and between the state and its public administrative institutions for the purposes of the exercise of their public service mission, can not give rise To the payment of a royalty.

II to IV  (new).  –  (Deleted)

V  (new) . – The A of Article L. 342-2 of the code of relations between the public and the administration is supplemented by a 22 ° as follows:

“22 ° Article 1 st of Law n ° for a digital Republic. “

VI  (new) . – Title I st of Book III of relations code between the public and the administration is applicable to requests for administrative documents exercised pursuant to I of this article.

Article 1 st bis A  (new)

By 30 June 2016, the Government shall submit to Parliament a report on the need for an online public consultation on any draft law or bill before it is placed on Parliament’s agenda.

Article 1 st bis (new)

I. – In the second sentence of the first paragraph of Article L. 300-2 of the code of relations between the public and the administration, the words “source codes” are inserted after the word “predictions”.

II  (new) . – At the end of  paragraph 2 of Article L. 311-5 of the same Code, the words “or the safety of persons” are replaced by the words “safety of persons or safety Of the information systems of administrations “.

Article 1 st b (new)

Chapter I st Title I st of Book III of the Code of relations between the public and the administration is amended as follows:

(1) In the first paragraph of Article L. 311-1, after the word “outfits”, the following words are inserted: “to publish online in an open and easily reusable format”;

2 ° Article L. 311-9 is supplemented by a 4 ° as follows:

“4 ° By publishing the information online in an open and easily reusable format. “

Article 2

After article L. 311-3 of the code of relations between the public and the administration, an article L. 311-3-1 is inserted as follows:

”  Art. L. 311-3-1. –  Subject to the application of paragraph 2 of Article L. 311-5, where an individual decision is taken on the basis of an algorithmic treatment, the rules defining this treatment and the main characteristics of its implementation Shall be communicated by the administration to the person concerned if he so requests.

“The conditions for the application of this article shall be determined by decree of the Council of State. “

Article 2 bis (new)

In the first paragraph of Article L. 311-5 of the code of relations between the public and the administration, the first occurrence of the word “and” is replaced by the words “which do not relate to a bill or Order, notices “.

Article 3

The second paragraph of Article L. 312-1 of the code of relations between the public and the administration is deleted.

Article 4

I A  (new).  – The first paragraph of Article L. 311-6 of the code of relations between the public and the administration is supplemented by the words: “which includes the secret of processes, economic and financial information and commercial or industrial strategies And shall be assessed, taking into account, where appropriate, the fact that the public service mission of the administration referred to in the first paragraph of Article L. 300-2 is subject to competition “.

I. – Section 1 of Chapter II of Title I st of Book III of the Code of relations between the public and the administration is supplemented by Articles L. 312-1-1 to L. 312-1-3 worded as follows:

”  Art. L. 312-1-1.  – Subject to Articles L. 311-5 and L. 311-6, and where these documents are available in electronic form, the administrations referred to in the first paragraph of Article L. 300-2, with the exception of The number of agents or employees is less than a threshold which can not exceed fifty agents or employees, fixed by decree, publish online, in an open standard easily reusable, ie readable by a machine , The following administrative documents:

“1 ° the documents which they communicate in accordance with the procedures laid down in this Title, as well as their updated versions;

“(2) Documents contained in the register referred to in section 17 of Act No. 78-753 of 17 July 1978 on various measures to improve relations between the administration and the public and various administrative provisions , Social and fiscal;

“(3) Databases which are regularly updated, which they produce or which they receive, and which are not otherwise publicly disseminated in an open standard easily reusable, That is to say, readable by a machine;

“4. The data, updated regularly, whose publication is of economic, social, health or environmental interest.

“This Article shall not apply to local and regional authorities with a population of less than 3,500.

”  Art. L. 312-1-2. –  Unless otherwise provided by law or regulation, where the documents and data referred to in Articles L. 312-1 or L. 312-1-1 contain entries falling within the scope of Articles L. 311-5 or L. 311 -6, they may not be made public until they have been subjected to a treatment which makes it possible to conceal these mentions.

“Except where otherwise provided by law or regulation, or if the persons concerned have given their consent, the documents and data referred to in Articles L. 312-1 or L. 312-1-1 contain personal data, they may not be returned Only after they have been subjected to treatment to make it impossible to identify such persons.

“The administrations referred to in the first paragraph of Article L. 300-2 of this Code are not required to publish the public archives resulting from the selection operations provided for in Articles L. 212-2 and L. 212-3 of the French Code of Civil Procedure. When these archives are not available in electronic form.

”  Art. L. 312-1-3 (new) . – The administrations mentioned in the first paragraph of Article L. 300-2 of this Code, with the exception of legal persons whose number of agents or employees is below a threshold which may not exceed fifty agents or In an open and easily reusable standard, publish rules defining the main algorithmic processes used in the performance of their duties when they base individual decisions. “

II. – A Council of State decree, taken after the opinion of the commission mentioned in article L. 340-1 of the code of relations between the public and the administration, defines the application of articles L. 312-1 To L. 312-1-3 of the same code.

III  (new) . – Article L. 1112-23 of the General Code of Local Authorities and Article L. 125-12 of the Municipal Code of New Caledonia are repealed.

Article 4 a (new)

After paragraph 7 of Section II of Article L. 541-10 of the Environment Code, there shall be inserted a 8 ° as follows:

“(8) The conditions under which the procedures for opening data relating to the field of waste are encouraged. “

Article 5

I. – In article L. 311-4 of the code of relations between the public and the administration, after the word “communiqués”, the words “or published” are inserted.

II. – The on-line publication provided for in article L. 312-1-1 of the code of relations between the public and the administration is carried out:

(1) Six months after the promulgation of the present law, for the documents mentioned in 1 ° of the same article L. 312-1-1;

2 ° One year after the promulgation of the present law, for the documents mentioned in 2 ° of the said article L. 312-1-1;

(3) At a date fixed by decree and not later than two years after the promulgation of this Act, for all other documents falling within the scope of the same article L. 312-1-1.

Article 6

I. – Article 10 of Law No 78-753 of 17 July 1978 on various measures to improve relations between the administration and the public and various administrative, social and fiscal provisions is amended as follows:

(1) The first paragraph is worded as follows:

“Public information in administrative documents communicated or published may be used by any person who so wishes for purposes other than those of the public service mission for the purposes of which those documents have been produced or received. The limits and conditions of this reuse are governed by this chapter. When they are made available in electronic form, this information is provided in an open and easily reusable standard, that is to say, readable by a machine. “;

1  bis  (new)  In  has the following reference: “Chapter I st  ” are inserted the words “Title I st of Book III of the Code of relations between the public and the administration”;

(2) The  b is repealed  ;

3 ° In the last paragraph of  c , which becomes  b , the reference “in section 1 st  ” is replaced by the reference “in the first paragraph of Article L. 300-2 of the Code Relations between the public And administration “.

Ia  (new) . – In the penultimate paragraph of Article 14 of the Act, the reference “in section 1 st  ” is replaced by the reference “in the first paragraph of Article L. 300-2 of the Code Relations between the public and the administration “.

II  (new) . – In the second sentence of the first paragraph of I of Article 15 of the Act, the reference “in section 1 st  ” is replaced by the reference “in the first paragraph of Article L. 300-2 The code of relations between the public and the administration “.

Article 6 bis (new)

The first paragraph of Article L. 300-2 of the code of relations between the public and the administration is supplemented by a sentence worded as follows:

“Also constitute such documents the documents relating to the management of the private domain of the State and territorial communities. “

Article 7

Law No. 78-753 of 17 July 1978 is amended as follows:

(1) Article 11 is thus restored:

”  Art. 11.  – Subject to intellectual property rights held by third parties, the rights of the administrations mentioned in the first paragraph of Article L. 300-2 of the code of relations between the public and the administration, under Articles L. 342-1 and L. 342-2 of the Intellectual Property Code, may not prevent the re-use, within the meaning of Article 10 of this Law, of the content of the databases published by these Administrations pursuant to 3 ° of Article L. 312-1-1 of the code of relations between the public and the administration.

‘The first paragraph of this Article shall not apply to databases produced or received by the administrations referred to in the first paragraph of Article L. 300-2 of the Code of Relations between the Public and the Administration in the exercise Of a public service mission of an industrial or commercial nature subject to competition. “;

(2) Article 16 shall be supplemented by a paragraph worded as follows:

“When free re-use gives rise to the establishment of a license, this license is chosen from those listed on a list fixed by decree, which is revised every five years, after consultation with local authorities and their groupings. When an administration wishes to use a license not included in this list, the license must first be approved by the State, under conditions set by decree. “

Article 7 a (new)

I. Article 15 of the above-mentioned Law No 78-753 of 17 July 1978 is supplemented by an IV as follows:

“IV. – Reuse of public information produced by the official statistical service mentioned in Article 1 st of Law 51-711 of 7 June 1951 on the obligation, coordination and secrecy in statistics can give rise to Payment of a royalty. “

II. – The I of this section comes into force on 1 st  January 2017.

Article 8

I. The first paragraph of Article 17 of the above-mentioned Law No 78-753 of 17 July 1978 is supplemented by a sentence worded as follows:

“Each year they publish an updated version of this directory. “

Ia  (new).  – The fourth paragraph of section 18 of the Act is amended as follows:

(1) At the end of the first sentence, the amount: ‘EUR 150 000’ shall be replaced by ‘EUR 1 million’;

2. In the second sentence, the amount: ‘EUR 300 000’ shall be replaced twice by the amount ‘EUR 2 million’.

II. – Title IV of Book III of the code of relations between the public and the administration is amended as follows:

1. In the first paragraph of Article L. 342-1, after the words “refusal of communication”, the following words are inserted: “or a refusal of publication”;

(2) In the third paragraph of A of Article L. 342-2, after the word “articles”, the reference is inserted: “L. 1112-23,”;

(3) The second sentence of the last paragraph of Article L. 341-1 shall be supplemented by the words: “or delegate to its Chairman the exercise of certain of its powers”;

4 °  (new)  Article L. 342-3 is supplemented by a paragraph worded as follows:

“When an administration confirms a decision refusing communication or publication despite a favorable opinion of the commission, the chairman of the commission enters on a list that he places on line the name of the administration, the reference of the administrative document Not disclosed or unpublished and, if applicable, the reason for refusal. Entry on the list shall cease as soon as the administration has communicated or published the document or as soon as a judicial decision has rejected the appeal against the refusal of communication or publication. “;

5 °  (new)  Chapter II is supplemented by an article L. 342-6 which reads as follows:

”  Art. L. 342-6.  – When the committee is consulted on a draft law or decree, its opinion is made public. “

Article 9

I. – In Title II of Book III of the Code of Relations between the Public and Administration, an Article L. 321-1 is inserted as follows:

”  Art. L. 321-1.  – I. – The provision and publication of benchmark data to facilitate their re-use constitutes a public service mission of the State. All the administrative authorities contribute to this mission.

“II. – The public information referred to in Article 10 of the aforementioned Law 78-753 of 17 July 1978, which fulfills the following conditions, are reference data:

“(1) They shall constitute a common reference for the appointment or identification of goods, services, territories or persons;

“(2) They are frequently used by public or private persons other than the administration which holds them;

“3 ° Their re-use requires that they be made available with a high level of quality, in particular in terms of accuracy, availability or frequency of updating.

“III. – The rules for the application of this Article are laid down in a Council of State decree. When several administrations are responsible, the decree determines the modalities of coordination between these administrations. It determines the list of reference data and designates the administrations responsible for their production and publication. It sets the minimum quality which the publication of the reference data must respect, in particular in terms of accuracy, degree of detail, frequency of updating, accessibility and format. “

II  (new) . – This Article shall enter into force on the date of publication of the decree referred to in Article L. 321-1 of the Code of Relations between the Public and the Administration and no later than six months after the promulgation of this decree. law.

Article 9 a  (new)

The second paragraph of Article 13 of Act No. 86-1067 of 30 September 1986 on freedom of communication reads as follows:

“Radio and television services shall transmit data relating to the time spent by politicians in newspapers and newsletters, magazines and other program broadcasts to the Higher Audiovisual Council according to the conditions, in particular Periodicity and format, as determined by the board. The Higher Audiovisual Council communicates monthly to the presidents of the National Assembly and the Senate and to the leaders of the various political parties represented in Parliament the statement of the times of intervention of the politicians in newspapers and newsletters, Magazines and other programs. This statement is also published in an open and easily reusable format, That is to say, readable by a machine. “

Article 9  b (new)

The services of the State, public administrations, public establishments and public sector companies, local authorities and their public establishments encourage the use of open source software and open formats during the development, purchase or use of ” A computer system.

Section 2

Data of general interest

Article 10

I. After Article 40-1 of Law No 93-122 of 29 January 1993 on the prevention of corruption and on the transparency of economic life and public proceedings, an Article 40-2 Which reads as follows:

”  Art. 40-2. –  The delegatee shall provide to the delegating public body, in an open, easily reusable, ie machine-readable, standard the data and databases collected or produced during the operation of the public service, It ensures the management and which are indispensable to its execution. It also authorizes the delegating public body or a third party designated by it to freely extract and exploit all or part of these data and databases, in particular with a view to making them available free of charge for the purpose of reuse on a Free or expensive.

“The data provided by the delegatee may be published, subject to Articles L. 311-5 to L. 311-7 of the code of relations between the public and the administration.

“The delegating public authority may, in the contract specification or during the performance of the contract, exempt the delegatee from all or part of the obligations provided for in the first paragraph of this article by a decision based on grounds of” Public interest that it makes explicit and which is made public. “

II. – After Article L. 1411-3 of the General Code of Local and Regional Authorities, an article L. 1411-3-1 is inserted as follows:

”  Art. L. 1411-3-1. –  The delegatee shall provide to the delegating public body, in an open, easily reusable, ie machine-readable, standard the data and databases collected or produced during the operation of the public service, It ensures the management and which are indispensable to its execution. It also authorizes the delegating public body or a third party designated by it to freely extract and exploit all or part of these data and databases, in particular with a view to making them available free of charge for the purpose of reuse on a Free or expensive.

“The data provided by the delegatee may be published, subject to Articles L. 311-5 to L. 311-7 of the code of relations between the public and the administration.

‘The delegating public authority may exempt the delegatee from all or part of the obligations laid down in the first subparagraph in the contract specification or during the execution of the contract by a decision based on grounds of public interest Explicit and which is made public. “

III. – I and II of this Article shall apply to contracts for the delegation of public services concluded or renewed after the publication of this Law.

IV  (new) . – For Public Service Delegation Contracts concluded before the date of entry into force of this Law, public entities may require the delegate to transmit the data and databases for the sole purpose of preparing for the renewal of the contract.

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