48. Once data are made available following a request, do they become public sector information? Can the public sector body use them in any way it sees fit?

No. The requested data do not become public sector information that has to be made openly re-usable under Directive (EU) 2019/1024 (the Open Data Directive). In principle, the data can only be used for the specific purpose set out in the request and only by the requesting body. However, the requesting body may require the involvement of another public sector body or third party in carrying out a public sector task for which the data were requested. If so, the relevant public body or third party should already be identified in the request - as per Article 17(1)(f) of the Data Act. Article 21 describes two situations in which the requested data can be shared onwards: (i) for carrying out scientific research or analytics compatible with the purpose for which the data were requested and (ii) for the production of official statistics. The data holder should be notified if such a transfer takes place, so that they have the opportunity to lodge a complaint with the competent authority.

Data that are shared under the mechanism described in Article 21 must be deleted no later than 6 months after the fulfilment of the original purpose for which the data had been requested.