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apply to entities not encompassed by the EEA Agreement Annex XI point 5k
(Directive 2003/98/EC) on the re-use of public sector information.
Section 8
Main rule regarding access free of charge
An administrative agency may only require payment for access under this Act insofar
as it is authorised to do so by regulations pursuant to the second or third paragraphs.
The King may make regulations concerning payment for transcripts, printouts or
copies. The rates of payment shall be such that the total income does not exceed the
actual costs of copying and dispatching documents.
The King may make regulations providing that payment may be demanded for
documents where particular aspects of the nature of the documents or the entity make
it reasonable to do so. The rates of payment shall be fixed such that the total income
does not exceed the actual costs of collecting, producing, reproducing and
disseminating information, together with a reasonable return on investment.
In the case of entities that fall outside the scope of this Act, but which are
encompassed by other legislation giving the public access to documents in the public
administration, or under the EEA Agreement Annex XI point 5k (Directive
2003/98/EC) on the re-use of public sector information, the total income in respect of
information delivery must not exceed the actual costs of collecting, producing,
reproducing and disseminating information, together with a reasonable return on
investment.
Entities that require payment for information shall make the rates of payment public
electronically if this is possible and expedient. Entities shall on request also provide
information on the basis for calculating the rates of payment and, where appropriate,
on the factors on which such calculation will be based in particular cases.
Unless otherwise provided by the King in regulations, the provisions of the third
paragraph second sentence and of the fourth and fifth paragraphs only apply to
entities encompassed by the EEA Agreement Annex XI point 5k (Directive
2003/98/EC) on the re-use of public sector information.
Section 9
Right to request access to a collation of information from databases
Any person may request access to a collation of information that is electronically
stored in the databases of an administrative agency insofar as the collation can be
done using simple procedures.
Section 10
Duty to keep a journal. Making journals and documents available on
the Internet
Administrative agencies shall keep a journal pursuant to the rules of the Archives Act
and associated regulations.
The King may make regulations providing that administrative agencies that keep an
electronic journal shall make such journal available to the public on the Internet, and
providing how this shall be done.