New rules on the re-use of public sector information
The Re-use of Public Sector Information Regulations 2015, which implement the provisions of European Directive 2003/98/EC, will come into force on 18th July 2015. As might be expected from the title, the Regulations govern the re-use of public sector information (“PSI”) and are intended to boost the transparency and accountability of public sector bodies, whilst at the same time delivering valuable economic and social benefits.
The re-use of PSI means using public sector information for a purpose different from the one for which it was originally produced. The value of PSI to consumers, businesses and the public sector itself is undeniable. A study commissioned by the Department for Business Innovation and Skills in 2013 revealed that the value of PSI at that time was in the region of £1.8 billion. As the importance of the knowledge economy continues to grow, this figure will almost certainly increase.
Key provisions under the Regulations
Under the Regulations, public sector bodies must maintain and publish a list of information available for re-use and ensure that applicants are able to search the list by electronic means where possible.
Upon receipt of a request to re-use PSI, public sector bodies must respond “promptly” and within twenty working days at the latest. Documents must then be made available to applicants “in the form and language in which it is held on the date of the request” and, where possible, in open and machine-readable format, together with its metadata. Documents should also be made available for re-use by electronic means wherever possible.
Where appropriate, conditions may be imposed upon re-use through a licence, but only insofar as those conditions do not “unnecessarily restrict” competition or the way in which a document can be re-used. The Open Government Licence is the preferred option. The Regulations prohibit public sector bodies from entering into exclusive arrangements in respect of the re-use of PSI, except where exclusivity is necessary for the provision of a service in the public interest or where re-use is in relation to the digitisation of cultural resources.
A charge may be permitted for re-use provided that it is limited to marginal costs incurred in complying with the request. The marginal cost for online and digital information will usually be nil. Where a charge is made, public sector bodies must publish a clear and equitable pricing structure which is readily available to applicants.
An internal complaints procedure must be established to manage any issues with requests that might arise.
The Regulations set out a number of exemptions to the obligation to respond to requests for re-use of PSI. For example, a public sector body is not obliged to provide PSI if a third party owns intellectual property rights in the document or if doing so would result in a breach of the Data Protection Act 1998 or Freedom of Information (Scotland) Act 2002 (“FOISA”).
Practical steps for compliance
There are a number of practical steps which public sector bodies can take in order to demonstrate compliance with the Regulations. For example:
- create and publish a statement of re-use which describes the processes for making requests and complaints and details of any charges which apply;
- develop an asset list register which details all the materials held by the public sector body and which of those materials can be disclosed under the Regulations; and
- establish a dedicated re-use team responsible for managing requests and any complex issues which may arise. Appoint one individual as the public sector body’s Information Officer who will take primary responsibility for ensuring compliance with the Regulations.
Conclusion
The Regulations might appear onerous at first glance. However, in many cases, public sector bodies will already be familiar with the means of ensuring compliance as a result of their obligations under FOISA. It is also worth noting that it is not just consumers and businesses that stand to gain from the Regulations. The Regulations provide public sector bodies with a framework for maintaining and auditing key information assets and at the same time raise awareness of the information held by other public organisations.
