The exclusion of 'public undertakings' from the re-use of public sector information regime

Should public undertakings be covered by the PSI Directive? The definitions of public sector bodies and bodies governed by public law, to which the PSI Directive applies, are currently taken from the public procurement Directives and public undertakings are not covered by these definitions. Should public undertakings be considered as public sector bodies in the meaning of the Directive? Are there public undertakings holding "interesting" PSI? Are there different definitions of national legislation leading to situations where bodies holding similar (public sector) data are in some Member States considered as public sector bodies falling under the PSI Directive and in other Member States considered as public undertakings? If public undertakings were to be covered by the PSI Directive, how should the definitions of public sector bodies and bodies governed by public law be amended? Should the definitions be detached from the public procurement definitions? Could data be considered as PSI if it was held by a privatised former public sector body?

Position Paper no. 2, The Exclusion of "Public Undertakings" from the Re-Use of Public Sector Information Regime, WG1 - Subgroup competition of the European Thematic Network LAPSI (Legal Aspects of Public Sector Information).