The web version proposed here is a simplified version of the data sheet. You can find the complete version, with more details and legal references, on the pdf linked at the bottom of the page.
The administrative record may be subject to a duty of disclosure and a right of access.
In some cases, it is also subject to mandatory dissemination. Dissemination may also be voluntary.
1. Duty to disclose and right of access
1.1 Obligation to communicate
Administrations are obliged to communicate the administrative documents they hold to people who request them. This obligation is the corollary of the right of access (or communication).
The obligation to communicate and, consequently, the right of access are no longer exercised when the document is publicly available. In this case, the user can in fact obtain the document without asking the holding organization.
In the case of so-called "dynamic" administrative documents, i.e. documents that are evolving or need to be regularly updated, the published versions must be sufficiently up-to-date. Otherwise, it is possible to exercise a right of access to the most up-to-date version
1.2. Limits to the duty to disclose
There are several limits to the obligation to disclose administrative documents.
In particular, this concerns documents that infringe on certain secrets such as national defense, State security, public safety, personal security or the security of government information systems and other secrets protected by law. This also applies to documents that may affect the protection of privacy.
In the presence of such documents, cloaking work may be necessary before their communication or dissemination.
1.3. Persons concerned
Like public law entities, private law entities entrusted with public service missions are bound by the obligation of communication provided for by the CRPA, as are private law entities that participate or collaborate in a public service mission.
Référence :
1.4. Terms and conditions of the provision
There are several limits to the obligation to disclose administrative documents.
In particular, this concerns documents that infringe on certain secrets such as national defense, State security, public safety, personal security or the security of government information systems and other secrets protected by law. This also applies to documents that may affect the protection of privacy.
In the presence of such documents, cloaking work may be necessary before their communication or dissemination.
Référence :
2. Broadcasting
2.1. Mandatory public release of certain administrative documents
When administrative documents are available in electronic form, administrations are in principle required to publish online: Exceptions:
→the documents they disclose under the right of access and their obligation to disclose, as well as their updated versions ;
→the documents that appear in the so-called public information directoryii updated annually ;
→ databases, updated on a regular basis, which they produce or receive and which are not otherwise publicly available;
→data, updated on a regular basis, whose publication is of economic, social, health or environmental interest.
→ local authorities with less than 3,500 inhabitants;
→legal entities with fewer than 50 agents or employees expressed in full-time equivalents;
→certain administrative documents.
2.2. Mandatory public dissemination in the presence of algorithms
Administrations are required to publish online the rules defining the main algorithmic treatments used in the accomplishment of their missions when they are the basis for individual decisions. Exceptions:
→legal entities with fewer than 50 employees or agents expressed in full-time equivalents;
→protected secrets listed in Article L. 311-5, 2° of the CRPA.
2.3. Voluntary public dissemination
Nothing prohibits administrations from publicly releasing documents they hold without being obliged to do so by law (except documents mentioned in articles L. 311-5 and L. 311-6 of the CRPA).
2.4. Methods of dissemination
The online dissemination of administrative documents is most often done through platforms, in particular through the site data.gouv.
The same rules in terms of format and interoperability apply as for the communication of administrative documents.
This fact sheet is a joint publication by Vercken & Gaullier and inno³ on behalf of the Digital Society Lab (labo.societenumerique.gouv.fr). Intended to promote the emergence of a common legal doctrine regarding commons produced or supported by the administration, it is aimed at both the actors who are carriers of commons as well as the people in charge of supporting these approaches. It is intended to be updated according to legislative and jurisprudential developments and to be completed according to contributions and remarks. It does not constitute legal advice and does not in any way replace the opinions that must be sought from the competent persons within each department. Finally, do not hesitate to consult the website http://labo.societenumerique.gouv.fr in order to read the latest versions of these documents, to consult any other resource for public actors wishing to mobilize the potential of the digital commons in their strategy or to contribute to this dynamic.
Legal doctrine applied to digital commons developed under the impetus or with the participation of a public entity
Factsheet 3.1: Knowing more about the duty to disclose, the right of access and the duty to disseminate attached to administrative documents
The web version proposed here is a simplified version of the data sheet. You can find the complete version, with more details and legal references, on the pdf linked at the bottom of the page.
The administrative record may be subject to a duty of disclosure and a right of access.
In some cases, it is also subject to mandatory dissemination. Dissemination may also be voluntary.
1. Duty to disclose and right of access
1.1 Obligation to communicate
Administrations are obliged to communicate the administrative documents they hold to people who request them. This obligation is the corollary of the right of access (or communication).
The obligation to communicate and, consequently, the right of access are no longer exercised when the document is publicly available. In this case, the user can in fact obtain the document without asking the holding organization.
In the case of so-called "dynamic" administrative documents, i.e. documents that are evolving or need to be regularly updated, the published versions must be sufficiently up-to-date. Otherwise, it is possible to exercise a right of access to the most up-to-date version
1.2. Limits to the duty to disclose
There are several limits to the obligation to disclose administrative documents.
In particular, this concerns documents that infringe on certain secrets such as national defense, State security, public safety, personal security or the security of government information systems and other secrets protected by law. This also applies to documents that may affect the protection of privacy.
In the presence of such documents, cloaking work may be necessary before their communication or dissemination.
1.3. Persons concerned
Like public law entities, private law entities entrusted with public service missions are bound by the obligation of communication provided for by the CRPA, as are private law entities that participate or collaborate in a public service mission.
Référence :
1.4. Terms and conditions of the provision
There are several limits to the obligation to disclose administrative documents.
In particular, this concerns documents that infringe on certain secrets such as national defense, State security, public safety, personal security or the security of government information systems and other secrets protected by law. This also applies to documents that may affect the protection of privacy.
In the presence of such documents, cloaking work may be necessary before their communication or dissemination.
Référence :
2. Broadcasting
2.1. Mandatory public release of certain administrative documents
When administrative documents are available in electronic form, administrations are in principle required to publish online: Exceptions:
→the documents they disclose under the right of access and their obligation to disclose, as well as their updated versions ;
→the documents that appear in the so-called public information directoryii updated annually ;
→ databases, updated on a regular basis, which they produce or receive and which are not otherwise publicly available;
→data, updated on a regular basis, whose publication is of economic, social, health or environmental interest.
→ local authorities with less than 3,500 inhabitants;
→legal entities with fewer than 50 agents or employees expressed in full-time equivalents;
→certain administrative documents.
2.2. Mandatory public dissemination in the presence of algorithms
Administrations are required to publish online the rules defining the main algorithmic treatments used in the accomplishment of their missions when they are the basis for individual decisions. Exceptions:
→legal entities with fewer than 50 employees or agents expressed in full-time equivalents;
→protected secrets listed in Article L. 311-5, 2° of the CRPA.
2.3. Voluntary public dissemination
Nothing prohibits administrations from publicly releasing documents they hold without being obliged to do so by law (except documents mentioned in articles L. 311-5 and L. 311-6 of the CRPA).
2.4. Methods of dissemination
The online dissemination of administrative documents is most often done through platforms, in particular through the site data.gouv.
The same rules in terms of format and interoperability apply as for the communication of administrative documents.
This fact sheet is a joint publication by Vercken & Gaullier and inno³ on behalf of the Digital Society Lab (labo.societenumerique.gouv.fr). Intended to promote the emergence of a common legal doctrine regarding commons produced or supported by the administration, it is aimed at both the actors who are carriers of commons as well as the people in charge of supporting these approaches. It is intended to be updated according to legislative and jurisprudential developments and to be completed according to contributions and remarks. It does not constitute legal advice and does not in any way replace the opinions that must be sought from the competent persons within each department. Finally, do not hesitate to consult the website http://labo.societenumerique.gouv.fr in order to read the latest versions of these documents, to consult any other resource for public actors wishing to mobilize the potential of the digital commons in their strategy or to contribute to this dynamic.
