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Make a PSI request for re-use in Austria

This week the series of articles on how to make a PSI request in the EU member states continues by analysing the case of Austria.

 

Legislative framework

The legislative framework in Austria is similar to the one in Germany, i.e. multifaceted as we saw in our previous article.

The country is divided in 9 federal states (Länder in German) and each Land has a legislative body called Ladtag which legislates within the limits established by the constitution. Beside this state legislation there is the federal legislation which is produced by the National Council (Nationalrat) and the Federal Council (Bundesrat), the latter composed by representatives of the nine federal states.

In general, law initiatives are taken at National Council level and confirmed by the Federal Council. The Federal Council can initially veto them, but the National Council may still force them to be adopted by essentially just passing them again.

In view of the above, it becomes clear why the PSI Directive has been transposed by legislative measures at federal level and at Länder level.

 

Federal measures

 Federal Act amending the law on the re-use of public sector information  BGBl I nr. 76/2015, 9.07.2015

Original language version | EN translation

Federal Act amending the law on the re-use of public sector information  BGBl I nr. 76/2015, 9.07.2015

Original language version | EN translation

Länder measures

Vienna

Law on the re-use of public sector information of the Land of Vienna - LGBl. N° 52/2005, 20/09/2005

Original language version |  EN translation

Law amending the Law on re-use of public sector information of the Land of LGBI No. 29/2015, 24/07/2015

Original language version | EN translation

Carinthia

Act on accountability, privacy and statistics of the Land of Carinthia of 7/07/2005 LGBl. N° 70/2005, 17/10/2005

Original language version | EN translation 

Law No 22 of 29 October 2015 amending the Carinthian Information and Statistics Act, the Carinthian Provincial Archives Act and the Carinthian Provincial Museums

Original language version | EN translation

Vorarlberg

Act on the re-use of documents held by public bodies, consolidated version as per 18 August 2015 LGBl. (Provincial Law Gazette) No 42/2006*), 44/2013, 47/2015**)

Original language version | EN translation

Lower Austria

Information Act

Consolidated law in original language version | EN translation of 2006 amendment EN translation of the 2015 amendment

 Tirol

Law on the reuse of public sector information, consolidated version as per 10 November 2015

Original language version | EN translation

 Burgendland

Law on accountability, the re-use of public sector information and the statistics of the Land of Burgenland), LGBl. N° 14/2007, 12/02/2007

Original language version | EN translation 

 

Based on the table above, you can prepare a PSI request by citing the right acts provided that you know the details of the public body that owns the data you are looking for and its Land. Nevertheless, if you do not know these details or you want some guidance there is an online tool you can rely on.

Fragdenstaat.at

The FragDenStaat platform available at https://fragdenstaat.at it is very similar to its cousin https://fragdenstaat.de, which we talked about here. The main difference is that the Austrian platform is mainly focused on make requests under the access to information than to the reuse of it, while in the German counterpart this orientation is more mitigated.

A plus of using this platform is the database of more than 2100 public sector bodies details, among which you can search for those of your interest and address your request directly to them.

Our suggestion is to leverage this platform to make your PSI request by adopting the following steps.

1) Click on “Stellen Sie eine Anfrage” on the top menu and look for the public sector body you want to contact, the system will help you.

 

2) Select “Informationen aus Dokumenten oder Akten (Informationsfreiheitsanfrage)” and click on “zum nächsten Schritt” button.

3) Write the subject of the request and the description. Since the system does not include them automatically in the request, make explicit reference to the Federal laws and the laws of the relevant Land in the description. You can easily find them in the table above.

4) Optionally add the tag #psimonitor at the end of the request. It helps us in filtering and adding your PSI request to the PSI Monitor database without any action on your part.

5) Complete the other fields of the from, click on “Überprüfen und Absenden” button and you are done. 

 

 

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