REPUBLIC OF LITHIUANIA

LAW

ON THE RIGHT OF ACCESS To INFORMATION AND THE RE-USE OF DATA

 

 

11 January 2000   No VIII-1524

(As last amended on 16 November 2023 – No XIV-2253)

 

Vilnius

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1. Objective and purpose of the Law

1. The purpose of this Law shall be to establish measures and procedures for exercising the right of persons to access information from state and municipal institutions and agencies, state and municipal enterprises, public establishments or associations thereof, and regional development councils. This information shall encompass information on the activities of these institutions, data held and/or processed by these institutions and other legal persons referred to in Article 2(1)(2) of this Law as part of their exercise of public administration powers granted in accordance with the procedure established by the Law of the Republic of Lithuania on Public Administration, and data held and/or processed in the exercise of other statutory functions, including provision of public services (hereinafter: ‘public function’). Such information and data may be re-used for commercial or non-commercial purposes.

 

2. This Law shall establish the following:

1) the obligation of state and municipal institutions and agencies, state and municipal enterprises, public establishments and associations thereof, regional development councils and other legal persons referred to in Article 2(1)(2) of this Law to supply data, including data intended for re-use; as well as the principles and conditions for the supply of data; and cases where it is prohibited to grant exclusive rights to re-use of data; 

2) the conditions for the re-use of data;

3) the principles for determining fees charged for supplying data;

4) the procedure for publishing information on the activities of state and municipal institutions and agencies, state and municipal enterprises, public establishments and associations thereof, and regional development councils referred to in Article 2(1)(1) of this Law;

5) the obligation of state and municipal institutions and agencies, state and municipal enterprises, public establishments and associations thereof, regional development councils and other legal persons referred to in Article 2(1)(2) of this Law to compile datasets an establish the procedure for publishing them;

6) the procedure for providing services related to datasets;

7) the conditions for publishing high-value datasets.

 

3. This Law shall implement the legal acts of the European Union listed in the Annex to this Law.

 

Article 2. Scope of the Law

1. This Law shall apply to the following:

1) state and municipal institutions and agencies that perform public functions, state and municipal enterprises and public establishments which are owned in whole or in part by the State or a municipality and which are funded from the state or municipal budgets and state monetary funds, including libraries, museums and state archives, as well as associations thereof and regional development councils (hereinafter: ‘institutions’);

2) public establishments whose owner or at least one of the stakeholders holding half or more of the votes at the general meeting of stakeholders is the State or a municipality and which are not funded from the state and municipal budgets or state monetary funds, but perform public functions;  public limited liability companies or private limited liability companies in which the State or a municipality directly or indirectly owns shares (within the meaning of Article 5 of the Law of the Republic of Lithuania on Companies), granting them more than half of the votes at the general meeting of shareholders, where the State or a municipality may directly or indirectly exercise a decisive influence (within the meaning of Article 5 of the Law on Companies) in electing and removing from office the head of a public limited liability company or a private limited liability company and more than half of the members of the board or supervisory board, given the said entities provide public services in at least one of the following sectors: gas and heat, electricity, water management, transport services, ports and airports, postal services, oil and gas extraction, exploration or extraction of coal or other solid fuels, public passenger transport pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and 1107/70 as amended, the operation of air services in accordance with Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast), as amended, and Article 4 of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage), as amended (hereinafter: ‘state-owned entities’);

3) Article 5(2)(5) of this Law shall also apply to public establishments which are owned in whole or in part by the State or a municipality but which are not funded from the state and municipal budgets or state monetary funds and which do not perform public functions when they publish information about the remuneration of their employees in accordance with the procedure established by this Law.

 

2. This Law shall not apply to the following:

1) data whose processing is not an institution’s public function established by laws or other regulatory acts, with the exception of information on the remuneration of employees;

2) data to which third parties hold industrial property rights, copyright, related rights or sui generis database rights (hereinafter: ‘intellectual property rights’);

3) data whose supply is prohibited by laws or other regulatory acts adopted pursuant thereto, including data which are inaccessible for reasons of national or public security, national defence interests, confidentiality of statistical data, commercial confidentiality or data which constitute a state, official, bank, commercial, or professional secret;

4) data whose supply is restricted by laws or other regulatory acts adopted pursuant thereto and where applicants must justify the intended use of the requested data;

5) data consisting exclusively of logos, ornaments and/or emblems;

6) data to which access is prohibited or limited by reason of the protection of personal data in accordance with the established procedure, as well as part of the data whose supply is not prohibited, including personal data whose re-use would infringe the right to privacy of persons under European Union or national law on the protection of personal data;

7) data held by the Lithuanian National Radio and Television and other radio or television broadcasters funded from the state or municipal budget;

8) data held by state research institutes, state and municipal educational establishments, and state higher education institutions (hereinafter: ‘higher education institution’), except libraries of higher education institutions. This provision shall not apply to research data where such research is funded from public funds and where the data has already been published by researchers, research performing organisations or research funding organisations;

9) data held by theatres, concert agencies, other agencies operating in accordance with the laws regulating the activities of cultural establishments, with the exception of libraries and museums;

10) data held by state-owned entities, where the data are produced for purposes other than the provision of public services or where the data is related to activities that are directly affected by competition and that are not governed by the Law of the Republic of Lithuania on Procurement by Contracting Authorities Operating in the Water, Energy, Transport or Postal Services Sectors.

 

3. Where the processing, supply, and publication of data is regulated by other laws or international agreements regulating the protection of intellectual property rights, this Law shall apply to the extent other laws or international agreements do not provide otherwise. Where other laws regulating database rights authorise prohibition of re-use of data or introduce tighter restrictions on re-use of data compared to those set out in this Law, the provisions of other laws shall apply to the extent they do not contradict this Law.

 

4. Personal data shall be processed in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Law of the Republic of Lithuania on Legal Protection of Personal Data, the Law of the Republic of Lithuania on Electronic Communications, and other laws of the Republic of Lithuania regulating the processing of personal data. 

 

 

Article 3. Definitions

1. ‘Open format’ means a file format that is independent of software and is identifiable and accessible to the public without any restriction on the re-use of data.

 

2. ‘High-value datasets’ means data whose re-use is associated with important benefits for society, the environment and the economy because of their suitability for the creation of new services, applications, products, and new jobs and which deliver benefits to a large number of users.

 

3. ‘Data’ means recorded information about all or part of activities of an institution or a state-owned entity, regardless of the manner and form of presentation of this information, be it in writing or in electronic form or as an audio or audio-visual recording, and regardless of the medium, including register data, register information, data and (or) their copies submitted to the register, and data from the state information system.

 

4. ‘Re-use of data’ means the use of data by applicants and/or their representatives for commercial or non-commercial purposes, distinct from the primary purpose for which the data were produced in the exercise of a public function. Inter-institutional exchange of data or exchange of data between institutions and state-owned entities in the exercise of public functions shall not be considered as re-use of data.

 

5. ‘Dataset’ means the collection of methodologically organised data that carry the same conceptual meaning, including data used to describe the said data (hereinafter: ‘metadata’).

 

6. ‘Publication of data’ means the disclosure of data in a particular form to a non-predefined group of persons, including the creation of access to data in order for persons to retrieve it at their preferred place and time.

 

7. ‘Supply of data’ means disclosure of data by transfer or by otherwise making it available to specific applicants or their representatives at their request.

 

8. ‘Machine-readable format’ means a uniformly structured file format enabling computer applications to easily identify, recognise and extract specific data and its structure.

 

9. ‘Information’ means the knowledge held by an institution in the exercise of its public functions.

 

10. Variable data’ means data that are updated frequently or in real time due to volatility or relevance. Typically, data generated by sensors fall under this category.

 

11. ‘Mobile application’ means application software designed and developed by institutions or their authorised entireties and intended for enabling specific functions on mobile devices for public use. This definition excludes the concept of the software for operating mobile devices (mobile operating systems) and/or hardware.

 

12. ‘Research data’ means data, other than scientific publications, which are collected or produced in the course of scientific research activities and are used as evidence in the research process, or are generally accepted in the research community as necessary to validate research findings and results.

 

13. ‘Anonymisation’ means the process of changing personal data into anonymous data which do not relate to an identified or identifiable natural person, or the process of rendering personal data anonymous in such a manner that the data subject is no longer identifiable.

 

14. ‘Reasonable return on investment’ means a percentage of the total cost reimbursement, including the amount necessary to compensate eligible costs, which may not exceed the five percentage points above the fixed interest rate set by the European Central Bank.

 

15. ‘Applicant’ means a natural/legal person, or entity without the status of a legal person and/or its branches and representative offices in the Republic of Lithuania, other Member States of the European Union, and countries within the European Economic Area.

 

16. Other concepts used in this Law shall be interpreted as they are defined in Regulation (EU) 2016/679, the Law of the Republic of Lithuania on Management of State Information Resources, and the Law on Public Administration.

 

Article 4. Obligation of institutions and state-owned entities to supply data, including data for re-use

1. Institutions and state-owned entities must supply data to applicants or their representatives, including data intended for re-use, with the exception of the cases specified in this Law and other laws.

 

2. Data shall be supplied to natural persons, legal persons, entities without the status of a legal person, their branches and representative offices in states other than the Member States of the European Union and the states of the European Economic Area, in accordance with the same procedure as for applicants, provided it is in compliance with the laws of the Republic of Lithuania, international treaties, European Union legislation, and other regulatory acts.

 

 

Article 5. Obligation of institutions to publish information about their activities

1. Information about the activities of an institution shall be public and, in accordance with the procedure established by the Government of the Republic of Lithuania, shall be published on the institution’s website, as well as on the mobile application, provided the institution has one. The institution’s website and mobile application must comply with the accessibility requirements set by the Government, except for the cases specified by the Government where there are no automated or effective and readily achievable ways of ensuring access to certain information, where the institution does not actually control the content of websites and mobile applications, or where compliance with the accessibility requirements will impose a disproportionate burden on the institution.

 

2. In compliance with the requirements for the protection of personal data and the protection of state, official, commercial, professional and protected secrets, institutions must publish on their websites the following information:

1) anonymised statements by the Ombudspersons of the Seimas of the Republic of Lithuania on a completed investigation of a complaint and information on the outcome of the examination by the institution of the proposals/recommendations issued by the Seimas Ombudspersons;

2) anonymised effective judicial decisions indicating infringements of legal acts made by an institution and information on measures taken to remedy such infringements;

3) anonymised information about official misconduct detected at an institution and the effective disciplinary penalties imposed as a result. Where an appeal has been lodged against a decision to impose a disciplinary penalty in accordance with the procedure established by law, information about the decision shall be published only upon the entry into force of a decision of the court or another institution that was involved in hearing the service dispute;

4) anonymised information about incentives and awards given to civil servants of an institution;

5) average remuneration fixed/paid for civil servants of an institution, state politicians, judges, state officials and employees working under employment contracts (hereinafter: ‘employees’) in their positions held. The average remuneration fixed/paid for the employee who is the only employee holding a given position in an institution shall be published only with the consent of such employee;

5 1) information about the funds allocated for publicising the activities of an institution;

6) other information specified by the Government, including contact details of the employees of institutions, where these are published for the purposes of lawful processing of personal data.

 

3. All the information about the activities of an institution shall be supplied to applicants free of charge.

 

4. Points 5 and 51 of Article 5(2) shall also apply to public establishments which are owned in whole or in part by the State or a municipality but which are not funded from the state and municipal budgets or state monetary funds and which do not perform public functions. They shall also apply to  public limited liability companies or private limited liability companies in which the State or a municipality directly or indirectly owns shares (within the meaning of Article 5 of the Law of the Republic of Lithuania on Companies), granting them more than half of the votes at the general meeting of shareholders, where the State or a municipality may directly or indirectly exercise a decisive influence (within the meaning of Article 5 of the Law on Companies) in electing and removing from office the head of a public limited liability company or a private limited liability company and more than half of the members of the board or supervisory board.

 

Article 6. Principles for the supply of data, including data for re-use

1. When supplying data, including data for re-use, institutions and state-owned entities shall be guided by the following principles:

1) completeness of data, meaning that applicants must be supplied with all the requested data required by law;

2) accuracy of data, meaning that data supplied to an applicant must correspond to the data held by an institution or a state-owned entity;

3) legitimacy, meaning that actions taken by an institution or a state-owned entity in relation to the supply of data shall be based on this Law and other laws or other regulatory acts;

4) objectivity, meaning that when supplying data, the employees of an institution and a state-owned entity must be impartial and objective;

5) assistance, meaning that applicants shall be assisted in exercising their right of access to data;

6) accessibility of data, meaning that applicants shall be enabled to use data regardless of the purposes and legal form of the applicants’ activities, and where necessary, only minimum legal, technical and/or financial conditions for the supply of data to applicants shall be established;

7) reciprocal use, meaning that an institution and a state-owned entity shall also use the data supplied to the applicant at a later date if deemed necessary;

8) non-discrimination, meaning that the conditions for re-use of data may not discriminate against the applicants using the data for the same purpose, whether commercial or non-commercial.

 

2. Where an institution re-uses data for activities unrelated to the exercise of public functions, such data shall be supplied to the institution under the same conditions as to all applicants.

 

 

Article 7. Competence of state institutions in the fields of re-use of data and adaptation of institutional websites and mobile applications to accessibility requirements

1. The Government shall establish guidelines for the development of the re-use of data, the intended results, and measures for achieving them.

 

2. The Ministry of the Economy and Innovation of the Republic of Lithuania shall formulate national policies in the field of the re-use of data, organise, coordinate and control their implementation and, within its remit do the following:

1) submit proposals to the Government on the guidelines for the development of the re-use of data, the results to be achieved, and measured for achieving them;

2) draft and approve legal acts related to the implementation of the policies on the re-use of data;

3) co-ordinate and harmonise the actions of institutions as they implement, within their remit, national policies in the field of the re-use of data;

4) submit conclusions on draft laws and drafts of other legal acts related to the re-use of data;

5) perform other statutory functions related to the field of the re-use of data;

 

3. An institution authorised by the Minister of the Economy and Innovation of the Republic of Lithuania shall do the following:

1) draft and approve technical documents that help institutions and public administration entities in the implementation of the policies on the re-use of data;

2) provide methodological assistance to institutions and state-owned entities on the compilation of datasets and metadata;

3) supply metadata of datasets to the official portal for European data;

4) carry out monitoring of datasets and provide generalised information to the Ministry of the Economy and Innovation;

5) offer consultations for institutions, state-owned entities and applicants on the production, supply, publication, and receipt of datasets, as well as on the conditions for the re-use of data;

6) perform other functions assigned to it.

 

4. An institution authorised by the Government shall be responsible for the following:

1) monitoring of the adaptation of institutional websites and mobile applications to the accessibility requirements established by the Government. This monitoring shall be carried out by an institution authorised by the Government on the basis of the monitoring methodology established by the European Commission;

2) examination of complaints regarding failure to adapt or inappropriate adaptation of institutional websites and mobile applications to accessibility requirements and examination, in accordance with the procedure established by the Law on Public Administration, of improper assessment by an institution of whether compliance with accessibility requirements would impose a disproportionate burden on the institution;

3) preparation and submission of reports to the European Commission on the results of monitoring the adaptation of institutional websites and mobile applications to the accessibility requirements established by the Government, including data on the assessment of the conformity of institutional websites and mobile applications to the accessibility requirements.

 

5. Institutions and state-owned entities shall, within their remit, implement national policies in the field of the re-use of data.

 

6. Institutions shall implement the measures established by the Government in the area of the adaptation of institutional websites and mobile applications to accessibility requirements.

 

 

 

CHAPTER II

CONDITIONS FOR RE-USE OF DATA

 

Article 8. Conditions for re-use of data

1. Without the consent of an institution or a state-owned entity and without concluding an agreement, an applicant may do the following with the data supplied:

1) publish it in any manner, including publication on the Internet;

2) reproduce it in any form or manner;

3) translate it into other languages;

4) adapt, process or treat it otherwise;

5) disseminate and otherwise supply/transfer it to third parties.

 

2. Data supplied by an institution or a state-owned entity may not be distorted and/or used for the purpose of direct marketing of products or services or to create an impression that a product or service is sponsored or otherwise promoted by the institution or the state-owned entity. The said data may not be used for or in support of any unlawful, deceptive, or unfair purpose or used in such a way as to mislead third parties.

 

3. When re-using data supplied by an institution or a state-owned entity, an applicant must indicate the source of the data and the date on which it was received and ensure that the rights and legitimate interests of other persons are not violated. The applicant shall be responsible for the accuracy of the data that has been adapted, processed or otherwise treated. Liability for the legal consequences arising from such data shall fall on the applicant.

 

4. Conditions for re-use of data other than those referred to in paragraphs 1, 2 and 3 of this Article may be established only by laws of the Republic of Lithuania or legal acts of the European Union.

 

5. Where, in accordance with the laws of the Republic of Lithuania or legal acts of the European Union, an institution or a state-owned entity is assigned to establish the conditions for re-use of data other than those referred to in paragraphs 1, 2 and 3 of this Article, such conditions may not unreasonably restrict competition, limit the possibilities of re-use of data, or discriminate against the applicants using the data for the same purpose.

 

6. In the case referred to in paragraph 5 of this Article, an institution or a state-owned entity shall draw up special conditions for the re-use of data and include them in an agreement which the institution or the state-owned entity that supply data must conclude with any applicant, except for the cases provided for by laws or other regulatory acts adopted pursuant thereto. When concluding this agreement, an intuition or a state-owned entity shall not have the right to grant privileges to an applicant on the grounds of the applicant’s race, nationality, sex, social status and other characteristics, with the exception of the cases specified by this Law. The agreement shall grant the applicant a special authorisation for the re-use of data. Special conditions for the re-use of data shall be published on the website of an institution or a state-owned entity.

 

7. An institution or a state-owned entity shall enable the applicant to conclude the agreement referred to in paragraph 6 of this Article in writing or through electronic means. Where a dataset is supplied by electronic means, this agreement shall be concluded through electronic means only. Data subject to special conditions for re-use shall be published on the website of an institution or a state-owned entity.

 

 

Article 9. Prohibition to grant exclusive rights

1. Institutions and a state-owned entities shall be prohibited from entering into agreements with applicants on granting of exclusive rights to re-use of data, except for the cases specified in this Article.

 

2. Re-use of data supplied by an institution or a state-owned entity or agreements with an institution or a state-owned entity on the supply of data shall not grant to the applicant any exclusive rights to the re-use of the data.

 

3. Exclusive rights to re-use of data shall be granted to an applicant only where the applicant needs the said rights in order to provide public services, with the exception of the case referred to in paragraph 4 of this Article. The agreement on granting exclusive rights to re-use of data shall be subject to periodic review at least once in three years.

 

4. Where exclusive rights to re-use of data are necessary for the digitisation of data on the cultural heritage of Lithuania, an agreement on granting exclusive rights to the re-use of the data shall be concluded for a period not exceeding ten years.

 

5. Essential provisions of agreements referred to in paragraphs 3 and 4 of this Article on granting exclusive rights to re-use of data and agreements which restrict the possibility for applicants to re-use data rather than granting exclusive rights must be published on the websites of institutions and state-owned entities at least two months prior to their entry into force.

 

6. Upon conclusion of an agreement on granting exclusive rights to re-use of data in accordance with the provisions of paragraph 4 of this Article, an applicant must supply free of charge to the institution one copy of digitised data on the cultural heritage of Lithuania. Upon the expiry of this agreement, the institution shall make this copy available for re-use by other applicants.

 

 

CHAPTER III

SUPPLY OF DATA

 

Article 10. Charges for supplying data for re-use

1. Data for re-use shall be supplied to applicants free of charge, unless laws of the Republic of Lithuania or legal acts of the European Union provide otherwise.

 

2. Where fees are charged for the supply of data for re-use, they shall not exceed the marginal costs of reproducing, supplying, publishing, and anonymising the data and of taking measures to protect commercially confidential information.

 

3. The requirement referred to in paragraph 2 of this Article shall not apply to the following entities:

1) state-owned entities;

2) the institutions that have to receive income in order to cover a major part (over 50%) of the costs incurred in performing their public functions. The list of institutions referred to in this point shall be drawn up by the Government or an institution authorised by it in accordance with the procedure established by the Government;

3) libraries, including libraries of higher education institutions, museums and state archives.

 

4. The total income of the entities referred to in points 1 and 2 of paragraph 3 of this Article from supplying data for re-use must not exceed the costs of data collection, production, reproduction, dissemination, storage, anonymisation and protection of commercially confidential information, together with a reasonable return on investment.

 

5. The total income of the entities referred to in point 3 of paragraph 3 of this Article from supplying data for re-use must not exceed the costs of collection, production, reproduction, dissemination, storage, payment for intellectual property rights, and, where applicable, anonymisation and protection of commercially confidential information, together with a reasonable return on investment.

 

6. In the cases referred to in paragraphs 2 and 3 of this Article, the amount of the fee charged for supplying data for re-use shall be calculated in accordance with the procedure established by the Government. The said procedure shall also apply to determining the categories of expenditure attributable to the costs which may be included in the calculation of the amount of the fee, including amortisation, maintenance, and administration of the information system or a register, as well as wages and other expenses established by the Government.

 

7. The amount of the fee charged for supplying data for re-use produced to meet to the applicant’s individual needs shall not exceed the costs incurred in the process of organising, adapting, processing or otherwise treating, transferring and supplying the data to the applicant.

 

8. Data of publicly funded research and high-value datasets shall be supplied for re-use free of charge.

 

 

 

Article 11. Publication of fees for supplying data

1. The amount of the fee charged for supplying data, the legal basis for the calculation of the fee, and the procedure for the payment of fees shall be published on the website of an institution and a state-owned entity.

 

2. The procedure for appealing against the set or calculated amount of the fee charged for supplying data shall be published on the institutional website.

 

 

Article 12. Obligations of institutions and state-owned entities in supplying data to applicants

1. When supplying data, institutions and state-owned entities shall ensure that:

1) data, including the data whose intellectual property rights belong to libraries, including libraries of higher education institutions, museums and state archives, may be re-used by the applicant under the conditions established by this Law;

2) priority is given to open formats;

3) in accordance with the procedure established by the Government or an institution authorised by it, the information environment for the supply of data is properly adapted for the needs of persons with disabilities. 

 

2. Institutions must do the following:

1) when supplying organised, adapted, processed or otherwise treated data at the individual request of an applicant, substantiate the calculated amount of the fee charged for supplying such data and provide information about the procedure for appealing against this amount, which should not to exceed the costs incurred in the process of organising, adapting, processing or otherwise treating, transferring and supplying the data to the applicant;

2) publish on their websites information on the factors which are taken into account when calculating the fee charged for organising, adapting, processing or otherwise treating data upon individual request of an applicant;

3) when supplying data, inform the applicant about the procedure for appealing against the actions of the institution.

 

3. Point 3 of paragraph 2 of this Article shall not apply to educational establishments, research performing organisations and research funding organisations.

 

 

Article 13. Supplying information and data

1. Requests for the supply and re-use of data shall be submitted and examined in accordance with the procedure established by the Law on Public Administration.

 

2. Having regard to the applicant’s request, an institution and a state-owned entity shall supply to the applicant information and data orally, in writing, or electronically by means of electronic communications in accordance with the procedure established by the institution authorised by the Minister of the Economy and Innovation.

 

3. Where the request fails to specify the manner of supplying information and data, the information and data shall be supplied in the same manner as the request is made by the applicant.

 

4. Where data are supplied in datasets or parts thereof, priority shall be given to the supply of data online or by means of electronic communications.

 

5. Access to variable data shall be provided via an application programming interface, which allows simultaneous downloading of such data.

 

6. An institution or a state-owned entity shall ensure that variable data are made available as soon as they are collected or updated, except as provided for in paragraph 7 of this Article.

 

7. Where opening access by an institution or a state-owned entity to variable data as soon as they are collected or updated would result in a disproportionate increase in financial and technical burden, access to the re-use of such variable data must be granted within such a period of time or subject to such technical restrictions as not to interfere with the re-use of variable data.

 

 

Article 14. Requirements for producing and supplying data and datasets

1. Data shall be supplied to applicants in the same content and format as it is used by the institution or the state-owned entity, eliminating the need for additional adaptation, processing or any other adjustment. Where the preliminary content or format of data or datasets, except for register data, register information, data submitted to the register and/or copies thereof, or data from the state information system, no longer meet the applicants’ needs, the institution or the state-owned entity shall adapt their content and/or format to meet the applicants’ needs. Recommended data formats and standards shall be established by an institution authorised by the Minister of the Economy and Innovation.

 

2. An institution and a state-owned entity may not be required to process data solely for the purpose of re-use by applicants, or to adapt the content and/or format of data to meet the needs of applicants if this would involve disproportionately high labour and time costs for the institution and the state-owned entity.

 

3. Where a certain part of data requested by the applicant constitutes the data defined in Article 2(2) of this Law, the data shall be provided only to the extent that is not defined in Article 2(2) of this Law. Where an institution and a state-owned entity refuse to supply data in writing, as provided for in Article 2(2)(2) of this Law, they shall indicate the owner of intellectual property rights, provided the owner is known, or the holder of the rights who has supplied the institution with the data requested by the applicant. Libraries, including libraries of higher education institutions, museums, state archives, state-owned entities, educational establishments, research performing organisations and research funding organisations shall not be obliged to indicate the owner or the holder of the intellectual property rights.

 

4. Data and datasets must be supplied online or by means of electronic communications in such a way as to make it convenient for applicants to retrieve and use them. Applicants shall not be required to purchase any special software. Datasets together with their metadata shall be supplied to applicants in open formats. Other machine-readable formats may only be used by mutual agreement between an institution or a state-owned entity and the applicant.

 

5. Where an institution or a state-owned entity has ceased to process data due to the change in its public function(s), data shall be supplied to applicants only within the period of their storage at the institution or the state-owned entity, and where data are transferred to another institution or state-owned entity, the request for the supply of data shall be forwarded in accordance with the procedure established by the Law on Public Administration.

 

6. Data shall normally be supplied to applicants in the state language. Where data are processed in a language other than the state language, they shall be produced and supplied to applicants in the language in which they are processed in the institution or the state-owned entity.

 

 

CHAPTER IV

DATASETS AND MANAGEMENT THEREOF

 

Article 15. Obligation of institutions and state-owned entities to compile datasets

1. All data of an institution or a state-owned entity are subject to inventory in line with the principle that the data may be published for re-use, unless this contradicts this Law and other laws. The list of the inventoried data must be published on the Lithuanian Open Data Portal.

 

2. Institutions and state-owned entities must compile sets of data for which requests have been made in the Lithuanian Open Data Portal or the re-use of which, as seen by the institution and the state-owned entity, may create added value and publish such datasets in this Portal, provided that this is in compliance with this Law and other laws.

 

3. When compiling datasets and forwarding them to the Lithuanian Open Data Portal, institutions and state-owned entities shall make use of the functionalities of the state information system managed by an institution authorised by the Government in accordance with the procedure established by the authorised institution. 

 

 

Article 16. High-value datasets

1. The list of thematic categories of high-value data and the list of high-value datasets shall be approved by the Government.

 

2. High-value datasets shall be published on the Lithuanian Open Data Portal in a machine-readable format via an application programming interface, which allows simultaneous downloading of such data.

 

3. High-value datasets must be published so as to enable their retrieval by automatic means.

 

4. High-value datasets must be accessible free of charge. This requirement shall not apply to the publication of high- value datasets by libraries, including libraries of higher education institutions, by museums and by state archives.

 

 

Article 17. Lithuanian Open Data Portal

1. The Lithuanian Open Data Portal is a state information system designed for organising and publishing datasets and metadata in a uniform metadata description format. It offers a one-stop-shop platform for searching, reviewing, and downloading datasets and metadata compiled by institutions and state-owned entities. The Portal also facilitates the registration of applicants’ requests and offers other services related to its core purpose.

 

2. The applicants shall have open access to datasets compiled by institutions and state-owned entities and their metadata through the Lithuanian Open Data Portal. Datasets shall be supplied through this Portal free of charge.

 

3. The regulations of the Lithuanian Open Data Portal shall be approved by the Government.

 

4. The manager of the Lithuanian Open Data Portal shall supply the metadata of datasets to the official portal for European data.

 

5. Institutions and state-owned entities must ensure that the lists of inventoried data and complied datasets can be found and accessed on the Lithuanian Open Data Portal in accordance with the procedure and measures established by the manager of this Portal.

 

 

CHAPTER V

FINAL PROVISIONS

 

Article 18. Applicant’s right to appeal against the actions of institutions or state-owned entities

1. Applicant’s rights may be protected in the following ways: 

1) in accordance with the procedure established by the Law on Public Administration, an applicant shall have the right to appeal against an act, omission or administrative decision of an institution, as well as against the delay on the part of an institution in the performance of actions within its remit assigned to it by this Law. 

2) an applicant shall have the right to appeal to the state-owned entity in question or to a court of general jurisdiction against an act or omission of the state-owned entity, as well as against the delay on the part of the state-owned entity in the performance of actions within its remit assigned to it by this Law.

 

Article 19. Validity of agreements on granting exclusive rights to re-use of data

1. Agreements on granting exclusive rights to re-use of data which were in force on 17 July 2013 and which are not subject to the exceptions specified in Articles 9(3) and 9(4) of this Law shall remain valid until their expiry, but not longer than until 18 July 2043.

 

2. Agreements on granting exclusive rights to re-use of data which were in force on 16 July 2019 and which are not subject to the exceptions specified in Articles 9(3) and 9(4) of this Law shall remain valid until their expiry, but not longer than until 17 July 2049.

 

 

 

 

Pursuant to Article 71(2) of the Constitution of the Republic of Lithuania, I promulgate this Law passed by the Seimas of the Republic of Lithuania.

 

 

 

SPEAKER OF THE SEIMAS                                                              VYTAUTAS LANDSBERGIS

OF THE REPUBLIC OF LITHUANIA

 

Annex to the Republic of Lithuania

Law on the Right of Access to Information and the Re-use of Data

 

 

LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW

 

1. Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies.

 

2. Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information.