Re-use of Public Sector Information
From July 1 2005 a new European Directive comes into force. The new directive allows people to apply to re-use information held by the Council.
- How I make a request to re-use information?
- Does the Council have to respond within a set time?
- Will I always be granted permission to re-use documents?
- Will I be told why you have refused to let me re-use the information?
- Processing requests for re-use
- Will I be able to re-use information in any way I choose?
- What happens if someone else wants to re-use the same information?
- Will I have to pay for re-use information?
- What happens if I'm not happy with how you have handled my request?
- What happens if I'm not happy with how OPSI have dealt with my complaint?
To be valid a request must:
- be in writing
- state your name and address
- specify the document which you want to re-use.
Yes. We must respond to your request within 20 working days. Where your request is received outside of normal working hours (i.e. evenings and weekends) it will be treated as having been received on the next working day.
- making the requested document available for re-use, or
- where conditions are attached to the re-use, finalising the offer to you of the conditions on which re-use will be permitted, or
- refusing the request.
Not always. The regulations allow us to refuse requests for one or more of the following reasons:
- the document contains information in which intellectual property rights are owned by a third party. An example of this would be architectural drawings which the Council has commissioned from an architect who retains the copyright;
- the content of the document is exempt from disclosure under the Freedom of Information Act 2000;
- the document falls outside of the Council's statutory functions.
Where possible we will process your request electronically and also make the documents you wish to re-use available electronically. However, we do not have to create or adapt a document in order to comply with a request for re-use; nor are we required to provide an extract from a document where it would involve disproportionate effort. We also do not have to continue to produce a certain type of document just so that someone else can re-use it.
No. Sometimes we will impose conditions on re-use. Where we do this, the conditions will be imposed by Licence, but they will not unnecessarily restrict the way in which a document can be re-used, or restrict competition.
We cannot discriminate between two applicants who request the same information. Both requests have to be dealt with.
We cannot grant you exclusive rights to re-use the information, except where the arrangement is for the provision of a service in the public interest. If you are granted exclusive rights, these will be reviewed every 3 years and the details of the exclusivity agreement may have to be published on our website.
You may have to pay. We can charge for allowing re-use, but we are not allowed to charge more than it costs us to provide the information, other than allowing a reasonable return on our investment.
You can ask for an internal review of the decision through our complaints procedure. To do this you should write within 40 days of being informed of the decision to:
You can complain to the Advisory Panel on Public Sector Information (AAPPSI).
- be in writing
- state the nature of the appeal
- include a copy of the decisions of OPSI and the Council
- be lodged with AAPPSI before the end of 28 working days from the date you were informed by OPSI of the results of their review