Guidance on the Re-use of Public Sector Information

On 1st July 2005 a new Directive, the Re-use of Public Sector Information Regulations 2005 SI 2005 No. 1515 (PSI) was introduced to allow people to apply to re-use information held by the Council. The Council is not under any automatic obligation to allow re-use of information but if we do allow re-use of any of our public sector information, this has to be done in accordance with the Regulations.

Re-use means using the information for a purpose other than the purpose for which the document was originally produced.
Examples of public sector information are national and local legislation, statistics, local planning, tourist information, and guidance on local community issues and policies etc.

To comply with PSI legislation we have a duty to: 

• Respond to all PSI requests within 20 working days. This period may be extended where the request is extensive or complex 
• Offer appropriate advice and guidance, where necessary 
• Grant licences for re-use of public sector information where applicable 
• Levy fees where there is reasonable justification to cover the costs of producing and supplying the data

The focus of Freedom of Information is on access to information, whereas the PSI Regulations refer to its re-use.

Receiving information under Freedom of Information and other information access regimes does not give you an automatic right to re-use the information and you must make a distinct request to re-use it..

The new directive does not provide access to the information itself. That is available through the Freedom of Information Act 2000, Data Protection Act 1998 or other access to information regimes such as the Environmental Information Regulations 2004.

Asset List

An asset is any information that the Council produces that is of interest or value to the organisation itself and potentially to others.

The first step to re-using public sector information is to know what significant documents are available for re-use. It is not the Council's intention to produce a separate information asset register. However, all significant documents registered within the Council's Publication Scheme (with the exception of those documents where charges apply) are available for re-use.

Useful sources of information

For further guidance on the PSI Regulations the following websites may prove useful:

The Office of Public Sector Information (external link)
The Department for Trade and Industry (external link)

Frequently Asked Questions:

From 1st July 2005 a new European Directive, the Re-Use of Public Sector Regulations comes into force which allows people to apply to re-use information.

What does re-use of information mean?

Re-use means using the information for a purpose other than the purpose for which it was produced. This includes using the information for commercial purposes.

How do I make a request for re-use of information?

To be valid a request must:

• be in writing, which includes e-mail 
• state your name and address 
• specify the document which you want to re-use
• state the purpose for which the document is to be re-used

N.B. This applies only if you want to re-use information held by South Derbyshire District Council, otherwise requests for access to information should be handled under the Freedom of Information Act 2000 .

An applicant must have obtained the information under any access request before he/she can have an application to make a re-use considered.

A request for access and re-use may be combined.

There is no prescribed form but your request can be made by applying in writing to:

South Derbyshire District Council
Data Protection Officer
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Does the Council have to respond to requests for re-use of information within a certain timescale?

Yes. All requests must be responded to within 20 working days unless there are exceptional circumstances. For example where requests are extensive in terms of the number of documents requested, or raise complex issues. If we require more information we will contact you.

If a request is received outside of normal working hours it will be treated as being received the next working day.

Response means one of the following:

• Refusing the request
• 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.

Are documents always granted permission for re-use?

No. There are certain regulations that prevent re-use, where:

• the content is exempt from disclosure under the Freedom of Information Act 2000. 
• the documents falls outside of the Council’s statutory functions. 
• the document contains information in which intellectual property rights are owned by a third party. An example of this would be architectural drawings which have been commissioned by an architect who retains the copyright. 
• the document does not exist.

Will I be advised if my request is refused?

Yes. We will advise you in writing of the:

• Reasons for refusal 
• Your rights to an internal review and appeal 
• The necessary time limits of reviews and appeals

Where refusal is due to intellectual property rights being owned by a third party, we will confirm, if we know:

• Who owns the intellectual property rights and
• Provide you with their names and contact details.

Can I re-use the information in any way I choose?

No. We can impose conditions on re-use. These conditions will not unnecessarily restrict the way in which a document can be reused or restrict competition. 

What happens if someone else wants to re-use the information?

We cannot discriminate between two applicants who request the same information, nor can we grant you exclusive rights for re-use of the document unless the arrangement is in the public interest.

If exclusive rights are granted, the document will be reviewed on a 3 year basis and details of the exclusive rights may be published on the Council’s website.

Do I have to pay for a re-use of information request?

Because of the potential diversity of requests for re-use we have taken the view it is not reasonably practicable to publish standard charges. We may make a charge but we will advise you on receipt of your request.

If charges are applied these will be to cover:

• The re-use of information for commercial use 
• The costs of collecting, producing, reproducing and supplying the material 
• The cost of the demand on the document(s) over the next three years

Any requests considered unreasonable will be refused.

Can I request the information to be in a particular format?

Yes, but this must be stipulated in your request and may incur an additional charge. It may not always be possible or practicable for the Council to provide the information in your preferred format. The Council has no obligation to put material into specific formats or languages and may make documents available as they exist when the request is received.

List of Main documents available for reuse

Enquirers are directed in the first instance to the Council’s Publication Scheme. Not every document covered by each class will be available. However the available documents are likely to be included in one or other of the classes.

What happens if I am not happy with how the request has been handled?

You can ask for an Internal Review to be carried out. This request must be made in writing in accordance with our internal "Comments, Compliments and Complaints" procedure. The Council’s notice will be in writing, giving reasons for the decision.

What happens if I am still unhappy after the Internal Review?

You can refer your complaint to the Office of Public Sector Information at:

OPSI Standards Team
Room 1.35
Admiralty Arch
North Side
The Mail
London
SW1A 2WH
Tel. No: 020 7276 5217
Fax No: 020 7276 5207

Or by accessing the OPSI website (external link) and completing an on-line form.

• Any complaints referred to OPSI must:
• Be in writing
• State the nature of the complaint
• Include a copy of the Council’s decision notice

Appeals to the OPSI must be lodged within 6 months following an Internal Review.

What if I’m dissatisfied with how the OPSI has dealt with my appeal?

You can request the Advisory Panel on Public Sector Information (APPSI) to review the recommendation made by OPSI
Any request for a review must:

• Be in writing
• State the reason for the request for the review
• Include copies of decision notices from the Council and OPSI

Appeals to the APPSI must be lodged 28 days from your date of notification from OPSI. You will need to contact:

Advisory Panel on Public Sector Information
1.35 Admiralty Arch
The Mall
London
SW1A 2WH
Tel: 020 7276 5216
Fax: 020 7276 5207

How do I find further information about the Directive?

Further guidance is available on the following web sites:

The Office of Public Sector Information (external link)

The Department for Trade and Industry (external link)

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