Obligation to make data available on the basis of an exceptional need

Chapter 5 (Art. 14 - 22) — Making data available to public sector bodies, the Commission, the European Central Bank and Union bodies on the basis of an exceptional need

Article 14

Obligation to make data available on the basis of an exceptional need

Where a public sector body, the Commission, the European Central Bank or a Union body demonstrates an exceptional need, as set out in Article 15, to use certain data, including the relevant metadata necessary to interpret and use those data, to carry out its statutory duties in the public interest, data holders that are legal persons, other than public sectors bodies, which hold those data shall make them available upon a duly reasoned request.

Details

Recitals

Recital 63

Recital 63

In situations of exceptional need, it may be necessary for public sector bodies, the Commission, the European Central Bank or Union bodies to use in the performance of their statutory duties in the public interest existing data, including, where relevant, accompanying metadata, to respond to public emergencies or in other exceptional cases. Exceptional needs are circumstances which are unforeseeable and limited in time, in contrast to other circumstances which might be planned, scheduled, periodic or frequent. While the notion of ‘data holder’ does not, generally, include public sector bodies, it may include public undertakings. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, microenterprises and small enterprises should only be under the obligation to provide data to public sector bodies, the Commission, the European Central Bank or Union bodies in situations of exceptional need where such data is required to respond to a public emergency and the public sector body, the Commission, the European Central Bank or the Union body is unable to obtain such data by alternative means in a timely and effective manner under equivalent conditions.

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Recital 70

Recital 70

The objective of the obligation to provide the data is to ensure that public sector bodies, the Commission, the European Central Bank or Union bodies have the necessary knowledge to respond to, prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided for by law. The data obtained by those entities may be commercially sensitive. Therefore, neither Regulation (EU) 2022/868 nor Directive (EU) 2019/1024 of the European Parliament and of the Council should apply to data made available under this Regulation and should not be considered as open data available for reuse by third parties. This however should not affect the applicability of Directive (EU) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this Regulation was used, provided the reuse does not include the underlying data. In addition, provided the conditions laid down in this Regulation are met, the possibility of sharing the data for conducting research or for the development, production and dissemination of official statistics should not be affected. Public sector bodies should also be allowed to exchange data obtained pursuant to this Regulation with other public sector bodies, the Commission, the European Central Bank or Union bodies in order to address the exceptional needs for which the data has been requested.

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Chapter 5 (Art. 14 - 22) — Making data available to public sector bodies, the Commission, the European Central Bank and Union bodies on the basis of an exceptional need

Obligation to make data available on the basis of an exceptional need