MINISTRY OF PUBLIC ADMINISTRATION
582
Pursuant to Article 34, paragraph (7) of the Act on the Right of Access to Information (Official Gazette “Narodne novine”no. 25/13 and 85/15), the Minister of Public Administration adopts this
ORDINANCE
ON THE CONTENT AND MANNER OF KEEPING THE RECORD OF EXCLUSIVE RIGHTS TO THE RE-USE OF INFORMATION
I GENERAL PROVISIONS
Article 1
This Ordinance governs the content, form and manner of keeping the Record of exclusive rights to the re-use of information (hereinafter: ‘the Record’), which contains data on decisions and contracts (agreements) by which a public authority grants natural or legal persons the right to exclusive use of information.
IICONTENT AND KEEPING OF THE RECORD
Article 2
(1) The Information Commissioner (hereinafter: ‘the Commissioner’) shall keep the publically available Record on the Information Commissioner’s website in electronic form and in accordance with the provisions of this Ordinance.
(2) The Record shall contain data referred to in Article 4 of this Ordinance, and shall be kept in an easily searchable manner in a machine-readable format.
Article 3
(1) Decisions and contracts (agreements) granting an exclusive right to the re-use of information shall be delivered by public authorities to the Commissioner within 15 days from the date of adoption of the decision i.e. conclusion the contract (agreement).
(2) The Commissioner shall enter data from the decision or contract (agreement) in the Record in the order of their receipt and publish them not later than 15 days from the date of their receipt.
Article 4
The Record shall contain data on:
– sequence number of the entry
– public authority which grants an exclusive right to the re-use of information (name, personal identification number (OIB), registered seat and other data pertaining to the authority)
– legal or natural person granted the exclusive right to the re-use of information (name, OIB, registered seat / name, OIB and domicile address)
– name of the document granting the exclusive right to the re-use of information (decision, contract, agreement)
– date of beginning and date of expiry of the exclusive right to the re-use of information
– information covered by the exclusive right to re-use
– format and medium of the information for which the exclusive right is granted (textual, graphic, printed, recorded, magnetic, optical, electronic or other record)
–charge for the exclusive right to the re-use of information
–other conditions under which the exclusive right to the re-use of information is granted
– date of regular review of the granted exclusive right
– justification for granting the exclusive right, i.e. justification for extending the validity period of a document regarding digitisation of information in the field of culture;
– note which may contain data concerning the granted exclusive right to the re-use of information.
Article 5
The Commissioner shall keep the Record orderly and up-to-date, and in case some of the data referred to in Article 4 of this Ordinance were unknown at the time of entry in the Record, the Commissioner shall enter the data in the Record upon learning about it without delay.
Article 6
The Commissioner shall secure a backup copy of the Record in electronic form, by copying data onto a portable storage medium or in some other appropriate manner.
IIITRANSITIONAL AND FINAL PROVISIONS
Article 7
(1) Public authorities shall deliver to the Commissioner the decisions or contracts (agreements) on granted exclusive rights which were adopted or concluded before the entry into force of the Act on Amendments to the Act on the Right of Access to Information (Official Gazette no. 85/15) within 30 days from the date of entry into force of this Ordinance.
(2) This Ordinance shall enter into force on the eighth day from the day of its publication in the Official Gazette.
Class:011-01/16-01/4
Reg. no.:515-03-02/1-16-3
Zagreb, 26 February 2016
Minister
dr. sc. Dubravka Jurlina Alibegović,m. p.