 TL;DR when EU law references a harmonised standard, that standard MUST be made available to every citizen of the EU. For free. As it is considered to be part of the law. And thus public interest is a given. I CANNOT OVERSTATE HOW BIG THIS DECISION OF EUCJ IS! Press release: 43 comments
@honze_net If it is referenced as harmonised standard in EU law or regulations — yes. While the decision in this case is narrow as it is about 4 specific standards concerning toys and chemicals, it makes general statements on the connection between free access to law and referenced standards, so it should be a valid argument when EU law exists that references ISO 27001 as a harmonised standard. @jwildeboer This is very good. Every citizen should be able to read those documents! Thanks for sharing! @honze_net The list of harmonised standards can be found at https://single-market-economy.ec.europa.eu/single-market/european-standards/harmonised-standards_en If and in which one ISO27001 is specifically mentioned — that I don't know as I didn't check. @jwildeboer @leyrer "A harmonised standard is a European standard developed by a recognised European Standards Organisation: CEN, CENELEC, or ETSI." Sadly, the ISO-fish (and others) won't care what the european forest animals decide.  @honze_net @jwildeboer This was already enforced by law though, and this decision seems to be about a case where adhering to the standard was required by law. So there's an explicit reference, hence the standard should be open. ISO 27001 practices are not required by law, it's most often a requirement of – and regulated by – industry partners. So there's no explicit reference that will open the standard to the public. @honze_net @jwildeboer Addendum: I just considered that I may be confusing EU law with Dutch laws, where this was already implemented like this here. If that's the case then applying it EU wide certainly seems great!  @honze_net   @jwildeboer So that essentially narrows down which standards the EU can adopt and force it to invent new standards?  @voxpelli @jwildeboer I'd hope that it'll encourage SDOs to consider whether they want their standards to be broadly adopted, and if so, to stop gating them behind paywalls. Although if they don't, the EU can develop and release alternatives, which one can hope will drive the rent seekers out of business. @womble @jwildeboer As long as we don’t end up with like a ESB/European Serial Bus standard instead of a global USB standard  @jwildeboer @stman I do really hope this will get enforced retroactively to everything sooner than later... Cuz #paywalling of #Standards is inherently bad - espechally if they are mandated, and it's high time that got de-jure said so! @jwildeboer i concur, that‘s a big one. Now we need to get rid of the nonfree standards one by one @jwildeboer now i want to see ETSI forced to publish the EN standard as actual linkable, referenceable HTML and not just PDF...  @jwildeboer honestly it took be by surprise that legally enforced standards were/are *not* public! sounds like this decision was overdue! @jwildeboer does this include laws with something like "nach dem aktuellen Stand der Technik" (in regards of actual technical standards) - which does not mention any standard beside it has to be actual? @cccfr No. The decision is about harmonised standards that are directly referenced. If you want to read the decision in German: https://curia.europa.eu/juris/document/document_print.jsf?mode=req&pageIndex=0&docid=283443&part=1&doclang=DE&text=&dir=&occ=first&cid=6475952  @jwildeboer I tried to understand the benefits for citizens but miserable failed. Can you explain, maybe with some daily life example, how this would affect citizens? @vinzv Just read the court decision? They give good reasons in there. Example: how can citizens check if a product fulfils the requirements set by a harmonised standard without having access to the standard? Etc. @jwildeboer Ah, thanks. I was thinking in the area of technical standards, maybe under the impression of HDMI vs AMD recently.  @jwildeboer if I read the decision correctly, they did not say this? The judgement only invalidates the previous decisions. So they could make the same decisions again, just with a different justification? @jwildeboer When you say "every citizen" does that apply to citizens living outside the EU? For example in Aotearoa New Zealand?  @justinas @jwildeboer Funnily enough, toys for kids are one of the driving force behind regulation and safety standards. It is a problem that nearly everyone agree on, that get quite controversial in the details and that is hellishly hard to get right. Don't sleep on toys. @justinas The decision establishes a precedent. This precedent can now be used to enforce the principle in other areas too.   @jwildeboer i can see that this decision is about specific safety standards, does it automatically apply to wvery other standard, or does it just set precendent for further lawsuits?
The reasons given by the court give a lot of leeway to argue that public interest outweighs protection rights in many more cases and IMHO it hints at that being the default going forward.  @jwildeboer This is huge. I have hopes this is a first step towards opening the door to further legal action by other parties, so that also purely national standards will become freely available to those wo are expected to comply with them For instance, as a #car driver in #Germany I have to carry an emergency kit that conforms to "#DIN 13164". I can buy a ready-made kit, but I can neither verify it actually does, nor assemble one of my own - unless I pay 49.20€ for a PDF download of that norm @jwildeboer I bet quite many engineering companies are happy!  @jwildeboer citizen or resident: > ‘1. Any citizen of the [European] Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, subject to the principles, conditions and limits defined in this Regulation. |
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@jwildeboer Like ISO 27001?