The Re-use of Public Sector Information Regulations

The Re-use of Public Sector Information Regulations came into force on 1 July 2005.

In summary the Regulations promotes the re-use of information held by public-sector organisations. (Please note the distinction between Freedom of Information which promotes access to information).

What is meant by re-use?

When the Council releases information which was requested under access to information legislation such as the Freedom of Information Act 2000 (FOIA), the third party may ask if they can re-use the information for a purpose other than the initial purpose for which the document was produced. The third parties intentions may be for commercial purposes, in a way which, without permission, might breach our copyright. It is this sort of situation with which the Regulations are concerned.

What are the basics of the Regulations?

The Council is not obligated to make public sector information available for re-use, but, if we do allow re-use of any of our public sector information, this has to be done in accordance with the Regulations. In these circumstances the Regulations set out:

• A 20 working day time-frame (beginning from the first working day after receipt of the request) for a response to a request for re-use. This period may be extended where the request is extensive in quality or raises complex issues.
  
• The Council has the right to refuse the re-use of documents provided they fall outside the scope of the Regulations.

 

Examples of where requests would be outside the Regulations are:

1. copyright in the document is owned by a third party;
2. supply of the document falls outside its public task (this could include the supply of documents that are produced and charged for exclusively on a commercial basis);
3. the document falls within the scope of the exempted classes of material under freedom of information and data protection legislation.
4. Documents held by educational and research establishments such as schools, universities, archives, libraries and research facilities
5. Documents held by cultural establishments including museums, libraries, archives, orchestras, theatre and performing arts establishments
6. Documents held by public service broadcasters (radio and TV stations) for the fulfilment of a public service broadcasting remit

 

If the Council refuses a request for re-use it must notify the applicant in writing within 20 working days specifying the reason for refusal. If ground (1) above is the reason, the notification will identify the person who owns the relevant intellectual property rights, or the name of the person from whom the Council obtained the document.

• The Council can choose to allow re-use under licence, imposing conditions on the re-use of the information to ensure it is not used in a manner inconsistent with our copyright.
• A licence fee can be issued if we do not wish re-use to be free (i.e. if re-use is for profit making purposes, or if posting material on a website, or distributing printed copies at a meeting)
• A licence must not restrict competition.
• Exclusive licensing arrangements will not be allowed except for the provision of a service in the public interest. Such arrangements shall be published.
• We should make available to the public our conditions for re-use and any standard charges for re-use.
• Information for re-use should be made available electronically where possible and appropriate.
• We must not discriminate between applicants making requests for re-use for comparable purposes.

 

If the Council chooses not to permit re-use of information to third parties, but the Council itself wishes to re-use the documentation for activities which fall outside the scope of its public task, then it could be in breach of Regulation 13 of non-discrimination.

Copyright

Brief extracts of any documentation may be reproduced without our permission, under the fair dealing provisions of the Copyright, Designs and Patents Act 1988. Such re-use must be for the research for non-commercial purposes, private study, criticism, review and news reporting, subject to an acknowledgement of ourselves as the copyright owner. But wider re-use requires our permission.

Charging

When allowing re-use, public authorities can make a 'reasonable return on investment'.

A licence fee could take into account the following:

 

• The Council's intellectual property, i.e. information that has a commercial value (A charge for this would be determined on a case by case basis).
• Charges for staff time (i.e. hourly charges in making the requested information available).

Licence

The standard licence is available in Microsoft Word format and can be downloaded here. It is also available by contacting theInformation Manager at: informationmanager@chester.gov.uk

Information Asset List

The Council has an obligation to publish a list of the main documents available for re-use, preferably in an electronic format.  Often these information sources have been developed as publication schemes to meet local authorities' obligations under freedom of information.

In accordance with the regulations, the City Council's Asset List includes:

How to Apply for re-use information?

An applicant is required to complete the Re-use of Public sector Information Regulations 2005 Application Form, which: