The Committee of access to administrative documents is a handy authority to citizens, including journalists. It helps to have read the documents that line the drawers of administrations, but yet many interested citizens. One of them tried the experiment with a very original target: the source code of the software used by public authorities
Someone had tried to get the source code of the software simulating the calculation. tax on personal income. The challenge? Reuse this software to his academic work. But the general management of public finances had steadfastly refused such transmission. This researcher has seized CADA for advice.
The commission has reiterated in its response that “ source code of software is a set of computer file that contains the instructions to be executed by a microprocessor . ” Only in the context that interests us, that authority deems “ that computer files constituting the source code solicited, produced by the General Directorate of Public Finance as part of its public service mission, assume the character of documents has dministratifs. “
The source code of software simulating tax income is communicable
So, the code is communicable to any person who asks” therefore (…) that the communication does not seem to affect the research tax offenses . ” Accordance with the laws governing the right of communication, one can reuse this code, unless of course “ third administration hold intellectual property rights over the code .”
Bercy had responded to this administration, according to the summary that has CADA “ that the source code of the application of computing the tax on personal income consisted of many files that require heavy treatment to be rendered usable, so that the requested document should be regarded as non-existent in the absence of automated processing of current use may produce an understandable release. “
The Commission responds access on this point that an effort is not impossible:” the law of 17 July 1978 does not require the administration of develop a new document, including a document that does not exist in the state and could not be obtained by an operation than a simple automated processing of common use . ” It scans of their cuffs other considerations: “ the discretion of the Administration that the envisaged reuse would encounter technical difficulties, or even a physical impossibility, can not base the refusal to disclose the document solicited in the state administration holds. “
A very important advice that the April
It therefore issues a fully favorable opinion on this communication source code. Contacted, Frédéric Couchet, general delegate of April, the judge reviews « very important .” And because “ this positive response CADA could lead to further requests of this type. And this inevitably raises the question of the use license under which this source code could be made available. The department should choose, from the communication of the source code of the simulator, distribute it under a free software license. “
In this regard, CADA believes that the plaintiff” is free to use it under the conditions laid down in Article 12 of the Law of 17 July 1978, in the lack of intellectual property rights held by third parties in the administration, including Chief Financial makes no mention . ” The article warns that game unless approved by the administration, the reuse is subject to the condition that the information “ are not altered, their meaning is not distorted and that their sources and the date of their last update is given. “
A communication that can be restricted
This review does not open valves without nuance. CADA Law of 17 July 1978 provides several exceptions that can prevent communication. In addition to research tax offenses include, for example, the parts covered by the secrets related to national defense, national security, public safety or the safety of individuals. Similarly, respect for privacy, commercial and industrial secrets in can play spoilsport since these parts can not be disclosed only to persons directly concerned. Finally, note that CADA renders an opinion, the administration is free to follow or ignore it. If necessary, it will go through the administrative courts to bend resistance.
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