Cap. 546 ст. 2Interpretation.

In this Act, unless the context otherwise requires:

"anonymisation" means the process of changing documents into anonymous documents 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 not or no longer identifiable;

"application program interface" or "API" means a set of automated functions and protocols that enable machine-to-machine communications for the exchange and consumption of data in a dynamic environment. Such APIs shall follow a registration process prior to be authorised and included in the national data portal;

"Directive (EU) 2019/1024" means 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 (recast); "document" covers any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording), including any part of such content; "dynamic data" means documents in a digital form, subject to frequent or real-time updates, in particular because of their volatility or rapid obsolescence; data generated by sensors are typically considered to be dynamic data; "high-value datasets" means documents the re-use of which is associated with important benefits for society, the environment and the economy, in particular because of their suitability for the creation of value-added services, applications and new, high-quality and decent jobs, and of the number of potential beneficiaries of the value-added services and applications based on those datasets; "formal open standard" means a standard which has been laid down in written form, detailing specifications for the requirements on how to ensure software interoperability;

"machine-readable format" means a file format structured so that software applications can easily identify, recognize and extract specific data, including individual statements of fact, and their internal structure; "Minister" means the Minister responsible for public sector information; "open format" means a file format that is platform-independent and made available to the public without any restriction that impedes the re-use of documents;

"personal data" shall have the same meaning assigned to it by the provisions of the Data Protection Act;

"public administration" shall have the same meaning assigned to it by article 2(1) of the Public Administration Act;

"public sector body" means the public administration, Local Councils, and public sector entities;

"public sector entity" means a body:

(a) established for the specific purpose of meeting needs in the general interest not having an industrial or commercial character; and

(b) having legal personality; and

(c) financed for the most part by the public administration or by Local Councils or by other public sector entities or subject to the management supervision by the public administration, by Local Councils or by other public sector entities, or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the public administration, by Local Councils or by other public sector entities; "public undertaking" means any undertaking:

(a) active in the areas defined in Directive 2014/25/ EU;

(b) acting as public service operator pursuant to Article 2 of Regulation (EC) No. 1370/2007;

(c) acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No. 1008/ 2008; or

(d) acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Regulation (EEC) No. 3577/92 over which the public sector bodies may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it. A dominant influence on the part of the public sector bodies shall be presumed in any of the following cases in which those bodies, directly or indirectly:

(i) hold the majority of the undertaking's subscribed capital;

(ii) control the majority of the votes attaching to shares issued by the undertaking;

(iii) can appoint more than half of the undertaking's administrative, management or supervisory body; "reasonable return on investment" means a percentage of the overall charge, in addition to that needed to recover the eligible costs, not exceeding five percentage (5%) points above the fixed interest rate of the European Central Bank (ECB);

"research data" means documents in a digital form, 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 commonly accepted in the research community as necessary to validate research findings and results;

"re-use of documents" means the use by a person, public sector body, or legal entity of a document held by:

(a) the public sector body or another public sector body, as the case may be, for commercial or non-commercial purposes, other than the initial purpose within that public sector body’s public task for which the document was produced, except for the exchange of documents between public sector bodies purely in pursuit of their public tasks; or

(b) public undertakings, for commercial or non-commercial purposes, other than for the initial purpose of providing services in the general interest for which the documents were produced, except for the exchange of documents between public undertakings and public sector bodies purely in pursuit of the public tasks of public sector bodies;

"standard licence" means a set of predefined re-use conditions in a digital format, preferably compatible with standardised public licenses available online.

"third party" means any natural or legal person other than a public sector body or a public undertaking that holds the data;

"tribunal" means the Information and Data Protection Appeals

Tribunal established under article 24 of the Data Protection Act; "university" means any publicly funded entity that provides post-secondary-school higher education leading to academic degrees.