Wednesday, January 13, 2016

The source code of a software administration, document … – Next INpact

In Law Commission, MEPs adopted an amendment to recognize the source code as a communicable document under the provisions of CADA law.

In preparation for the debates in plenary, members of the Law Committee adopted the amendment Rapporteur Philippe Belot. It seeks to amend the code of relations between the public and the administration to consider these computer instructions used by a public entitée as an administrative document.

This assimilation, if confirmed in the Lemaire final text of the law should allow anyone to ask the administration this information, possibly purged of trade secrets, one of the exceptions provided by CADA law.

This amendment validates the positions of the Commission on Access to Administrative Documents, which has already found that the source code used by Bercy to determine the tax was a communicable document. Only the taxman always reluctant to grant the request for transmission of an administered, pushing it to appeal to the administrative courts (our news on the subject).

When contacted, Frédéric Couchet delegate General of April, an association promoting free software, hopes to “ there will be no suppression in public session amendments tabled by the government eg .” Amendment Belot was indeed adopted against the advice of Axelle Lemaire who would have preferred a case-by-case basis. Secretary of State to digital, however, assured the members that the admission of Minister Michel Sapin, the source code of the tax would be passed on.

Marc Rees

Marc Rees
         

Journalist, editor
 Right LCEN, private copying, terrorism, personal data, surveillance, privacy, and all these things …

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