Abstract

Is a new «right of access» arising? What are the differences between the right to control public bodies and the need to use public data for commercial purposes? And what are the different constitutional underpinnings?This paper analyzes the right of access from a comparative perspective, with a special focus on Italy, France, Spain and Germany. The main goal of the analysis is that of drawing the difference between «traditional» access and «commercial» access. Especially the latter (commercial access) raises pivotal questions about its constitutional foundation, since national legislators have not yet duly regulated it.