Summary
With Directive 2003/98/EC (PSI Directive), the EU created a legal framework for access to documents and data produced on an ongoing basis by the public administration. In Austria, the implementation of this directive is regulated by one federal law and nine state laws. The Tyrolean Information Reuse Act 2015 (TIWG 2015), LGBl. No. 79/2015, last amended by LBGl. No. 144/2018, is also applicable to the public body "City of Innsbruck" , among others.
Documents within the meaning of the TIWG 2015 are contents of any kind, regardless of the form of the data carrier, with the exception of computer programs, or parts of such contents (excerpts).
"Reuse" within the meaning of the TIWG 2015 is the use of documents held by public bodies by legal entities for commercial and non-commercial purposes that differ from the original purpose of the public contract under which the documents were created.
The City of Innsbruck is generally obligated to make documents in its possession available in all existing formats or languages and, to the extent possible and reasonable, in open and machine-readable formats, together with the associated metadata.
However, the City of Innsbruck is not obligated to recreate, adapt, or provide excerpts of documents if this would involve a disproportionate effort. Any effort that goes beyond simple editing shall be deemed disproportionate. Furthermore, the City of Innsbruck is not obliged to continue creating and storing certain types of documents with a view to their further use.
If someone wants to continue using documents of the City of Innsbruck, a written request is required. For this purpose, an online application form is available on the website. The request must precisely describe the content, scope and purpose of the re- use. If this is not the case, the city will issue a request for improvement , setting a deadline of no more than two weeks for clarification. If the request is only partially complied with or not complied with at all, the issuance of an official notice may be requested within two weeks after delivery of this notice. This request must be submitted in writing to the department concerned or to the City Magistrate and must state the reasons for the request. You may appeal to the Tyrol Regional Administrative Court against notices that reject your request for the provision of documents for further use in part or in full or that determine that the final contract offer submitted to you complies with the provisions of the TIWG 2015. An appeal must be submitted in writing to the Innsbruck City Magistrate within four weeks of the notification of the decision.
Detailed information can be found in the guidelines on standard charges and standard terms and conditions of use as well as in the explanations on definitions, the procedure and legal protection.