Tag: Datasets

Re Use Re Loaded – New Public Sector Information Regulations In Force

On 18th July 2015 the new Re-use of Public Sector Information Regulations 2015 (ROPSI) came into force, replacing the 2005 version. They contain some important changes to the UK public sector information re use regime.

The new Regulations implement Directive 2013/37/EU, which amends Directive 2003/98/EC on the re-use of public sector information (the 2003 Directive). The aim of the latter was to remove obstacles that stood in the way of re-using public sector information. Key obligations for public authorities (including the health, local government and central government sectors) include:

  • being transparent and open about the terms and fees for re-use of information they hold
  • where licences are required to re use information, standard terms and conditions should be offered
  • having accurate notices and statements on documents and websites
  • producing an Asset List so that potential re-users of information know what is available
  • having a complaints process

A full article on the 2005 Regulations can be downloaded here. Key changes made by the new Regulations include:

  • Adding the previously excluded cultural sector (libraries, museums and archives) to the scope of the Regulations
  • Making it an obligation to allow re-use of most public sector information. Previously this was optional.
  • Extending the scope of the information available for re use to not just that which is accessible but anything produced held or disseminated with a public authority’s public task (unless restricted or excluded).
  • Marginal cost pricing is the default (subject to some exceptions) when it comes to charging for re use. Previously a profit could be made.

For the first time the UK re use regime will have teeth similar to FOI. Once the public sector body’s internal complaints procedures have been exhausted, a complainant may turn to the Information Commissioner, who can make a binding decision. A further appeal can be made to the First-Tier Tribunal.

How will the new Regulations overlap with the new dataset obligations under the FOI?  As a result of amendments made by the new Regulations, the requirements relating to datasets under FOI are now as follows.

If you are a public authority making a dataset available in response to an FOI request, you must, so far as is reasonably practicable, make it available in a re-usable, electronic form. You must also make requested datasets available in your publication scheme in a re-usable form unless you are satisfied that it is not appropriate to do so.

However, if the dataset falls under ROPSI, for example because it is produced as part of your “public task”, then you must calculate any charges for allowing re-use and deal with any licences under ROPSI and not FOI. This applies to providing the dataset in response to a request and making it available in the publication scheme.

So, for an FOI public authority, for any dataset that is covered by ROPSI, FOI applies to the format in which it is made available, but ROPSI applies to the charges and licences for re-use.

If the dataset does not fall under ROPSI because you are an FOI public authority but not a public sector body for the purposes of ROPSI, then the provisions in FOI regarding charges and licences for re-use will apply to it. Read the Information Commissioner’s Guide here. Expect lots of appeals to the ICO over these provisions.

The National Archives is the UK policy lead on public sector information. Its website contains useful resources on this topic. All public sector organisations need to carefully consider the new Regulations and how they will impact on the information they produce and disclose.

Want to know more? Ibrahim Hasan will explain the new Regulations in detail our live one-hour web seminar.

Give your career a boost by gaining an internationally recognised qualification in FOI.

1st September 2013: D Day for (FOI) Datasets

MC900438779From 1st September 2013 public authorities will face new obligations when it comes to the release and re use of datasets. Recent publications provide more details about the new provisions and how public authorities should prepare for their implementation.

The Protection of Freedoms Act 2012 amends the Freedom of Information Act 2000 (FOI). The key points of Section 102 of the Act (which amends section 11, 19 and 45 of FOI) are:

  • There will be a new duty on public authorities, when releasing datasets, to adhere to any request to do so in electronic form which allows their re-use where reasonably practicable.
  • Any dataset containing copyright material (where the authority holds the copyright) must be made available for re-use under a specified licence.
  • Publication schemes will, in future, contain a requirement to publish datasets, which have been requested, as well as any updated versions.
  • Such datasets will also have to be published in an electronic form capable of re use and any copyright material must be available for re use in accordance with the terms of a specified licence.
  • Public authorities will be able to charge a fee for allowing re use of any datasets containing copyright material.

It is important to note that the changes do not give new rights of access. They are concerned with format and the ability to re-use datasets, once the public authority has decided that no exemptions or other provisions (e.g. costs, vexatious) in the legislation apply.

New Guidance and Code

There is also a new Code of Practice (datasets), which will sit alongside the existing Section 45 Code of Practice under FOI. This outlines the licencing framework which public authorities must use when making copyright material within datasets available for re-use.

The new code aims to make it clear as to what is meant by the terms set out in the new provisions. For example, what is meant by “an electronic form which is capable of re-use” or a “re-usable format” for the purposes of the Act.

The new code contains three standard licences available to public authorities when allowing re use of copyright material contained in a dataset which is disclosed under FOI. The first two are the Open Government Licence and the Non-Commercial Government Licence. Both allow re use of the information without charge including copying, publishing, distributing and adapting the information as well as combining it with other information. The new code encourages authorities to use the Open Government License wherever possible. The Non-Commercial Government licence is slightly more restrictive because it contains a clause preventing the use of the information “in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.” It will be interesting to see if public authorities routinely offer this licence (even though it would be against the spirit of the Act and the new code) just to prevent the private sector from profiting from the requested dataset.

Charging

The third type of licence is the Charged Licence. This has been published by The National Archives in beta form . It can be usedby public authorities that have reason to charge for the re-use of the dataset information they hold or produce. As I have said before, this provides an opportunity for public authorities to raise some much needed revenue. The Secretary of State has exercised his power (under new Section 11B of FOI) to make regulations prescribing “the amount of any fee payable or providing for any such amount to be determined in such manner as may be prescribed, provide for a reasonable return on investment. (See The Freedom of Information (Release of Datasets for Re-use) (Fees) Regulations 2013). It will be interesting to see how many complaints are made to the Information Commissioner about public authorities over charging.

What to do now?

According to the ICO, public authorities need to:

  • Start thinking about the definition of a dataset: what information or categories of information do they have that fits the definition?
  • Promote the key principles of open data in their organisation: use an open format and open licences by default and only deviate from this when they have good reasons to do so.
  • Charging for re-use is not encouraged but can be justified in some situations: does the authority have existing powers that allow a charge? Can the cost recovery and return on investment be justified?
  • Be clear who owns the intellectual property rights (IPR) in their datasets.

The ICO also encourages FOI officers to learn a little more about copyright, the licencing framework and the new version 2.0 of the OGL. In some organisations open data is not part of the remit of the FOI officer. It’s crucial to make sure these two functions have an understanding that they need to work together. Looking longer term, the ICO’s advice is to think about open data requirements when procuring new IT systems. Public authorities shouldimplement “transparency by design.”

In preparation for the provisions coming into force on 1st September 2013 the ICO has revised the approved model publication schemes to reflect the new legislative requirements. It has also published new guidance on datasets. Ibrahim Hasan’s detailed article on datasets will also assist. How will datasets be used by the private sector? (Read about Fearsquare.)

This will be discussed in our forthcoming datasets webinar. If you prefer a more detailed face to face discussion and sharing of best practice, please attend one of our one day workshops.  If you want to give your career a boost, why not start by attaining an internationally recognised qualification in FOI?

FOI and Datasets: Draft Code of Practice

The Protection of Freedoms Act will amend the Freedom of Information Act 2000 so that in the future public authorities will have greater obligations in relation to the release and publication of datasets. The key points of Section 102 of the Act (which amend section 11 of FOI) are:

  • There will be a new duty on public authorities, when releasing datasets, to adhere to any request to do so in electronic form which allows their re-use where reasonably practicable.
  • Any dataset containing copyright material (where the authority holds the copyright) must be made available for re-use under a specified licence.
  • Publication schemes will in future contain a requirement to publish datasets, which have been requested, as well as any updated versions.
  • Such datasets will also have to be published in an electronic form capable of re use and any copyright material must be available for re use in accordance with the terms of a specified licence.
  • Public authorities will be able to charge a fee for allowing re use of any datasets containing copyright material.

These provisions are likely to come into force in April 2013.  If you want to know more read Ibrahim Hasan’s detailed article. 

A recently launched mobile phone application provides a useful insight into what could be possible if public authority datasets are fully exploited. (Read about Fearsquare).

New Draft Code and Licenses

The Government recently began an online consultation about a new set of guidance to accompany the new dataset provisions. This includes a new Code of Practice (datasets), which will sit alongside the existing Section 45 Code of Practice under FOI. The new draft code also outlines the licensing framework which public authorities must use when making copyright material within datasets available for re-use.

The new draft Code of Practice (datasets) aims to make it clear as to what is meant by the terms set out in the new provisions in the FOI Act. For example, what is meant by “an electronic form which is capable of re-use” or a “re-usable format” for the purposes of the Act.

The consultation is the first I have seen where the Government is using a “crowdsourcing” method. Responders can see, in real time, what other peoples’ views on the draft code are as opposed to submitting their views to an email address and then waiting for the summary of responses to be published after the consultation is over. The aim is to enable responders to have a conversation with each other as to whether a particular paragraph, sentence or word in the new code could be improved upon.

The new code contains three standard licences available to public authorities when allowing re use of copyright material contained in a dataset which is disclosed under FOI. The first two are the Open Government Licence and the Non-Commercial Government Licence. Both allow re use of the information without charge including copying, publishing, distributing and adapting the information as well as combining it with other information. The new code encourages authorities to use the Open Government License wherever possible. The Non-Commercial Government licence is slightly more restrictive because it contains a clause preventing the use of the information “in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.” It will be interesting to see if public authorities routinely offer this licence (even though it would be against the spirit of the Act and the new code) just to prevent the private sector from profiting from the dataset.

The third type of licence is the Charged Licence. This has been published by The National Archives in beta form . It can be used by public authorities that have reason to charge for the re-use of the dataset information they hold or produce. As I have said before, this provides an opportunity for public authorities to raise some much needed revenue. However it will be interesting to see if the Secretary of State exercises his power (under new Section 11B of FOI) to make regulations prescribing “the amount of any fee payable or providing for any such amount to be determined in such manner as may be prescribed, provide for a reasonable return on investment.

The consultation ends on 10th January 2013. Public authorities need to think now what datasets they may receive requests for and what their approach to licensing their re use will be.

FOI Update webinar – This and other FOI developments and cases will be discussed in our forthcoming FOI Update web seminar: http://www.actnow.org.uk/content/93

Protection of Freedoms Act 2012

Protection of Freedoms Act 2012

 2012 CHAPTER 9

The Protection of Freedoms Act 2012 received Royal Assent on 1st May 2012. The Act contains a number of measures which, when brought into force, will have a major impact on public authorities especially councils. Amongst other things the Act:

Introduces a new code of practice for surveillance camera systems. This is in addition to the CCTV Code of Practice under the Data Protection Act 1998. There will also be a surveillance camera commissioner. Read our article on  the New CCTV Regime 

  • Extends the Freedom of Information Act by requiring datasets to be made available in a re-usable electronic format. Read our blog entry on how this can make you money. For details of an innovative use of a dataset click here
  • Provides for Magistrates’ approval of all surveillance activities by local authorities under RIPA. Read a full article on the changes.
  • Requires schools to obtain parents’ consent before processing children’s biometric information
  • Restrict the scope of the ‘vetting and barring’ scheme for protecting vulnerable groups and makes changes to the system of criminal records checks. Read our article

Ibrahim Hasan is doing a special online training session  on the new Act in June and July.

The Act will also:

  • bring in a new framework for police retention of fingerprints and DNA data
  • provide for a code of practice to cover officials’ powers of entry, with these powers being subject to review and repeal
  • outlaw wheel-clamping on private land
  • introduce a new regime for police stops and searches under the Terrorism Act 2000 and reduces the maximum pre-charge detention period under that Act from 28 to 14 days
  • enable those with convictions for consensual sexual relations between men aged 16 or over (which have since been decriminalised) to apply to have them disregarded

All our information and surveillance law courses will be updated to take account of the new Act. If you would like customised in house training on any aspects of the Act, please get in touch.

FearSquare : A Dataset to be Feared?

A recently launched mobile phone application provides a useful insight into what could be possible if public authority datasets are fully exploited.

Many datasets are routinely published  by public authorities and are available for re use at little or no cost. Others can be accessed by making a request under the Freedom of Information Act 2000 (FOI). The Protection of Freedoms Act 2012 , which received Royal Assent on 1st May 2011, will make access and re use of datasets much easier. Once the Act is brought into force, amongst other things, it will amend FOI so that in the future public authorities will have greater obligations in relation to the release and publication of datasets. The key points are:

  • There will be a new duty on public authorities, when releasing datasets, to adhere to any request to do so in electronic form which allows its re-use where reasonably practicable.
  • Any dataset containing copyright material (where the authority holds the copyright) must be made available for re-use under a specified licence.
  • Publication schemes will in future contain a requirement to publish datasets, which have been requested, as well as any updated versions.
  • Such datasets will also have to be published in an electronic form capable of re use and any copyright material must be available for re use in accordance with the terms of a specified licence.

On the face of it, these obligations seem onerous. However they may also bring an opportunity for public authorities to raise some much needed revenue. They will be able to charge a fee (and make a profit) for allowing re use of any datasets containing copyright material (Read Ibrahim Hasan’s detailed article on the dataset provisions).

Once datasets are released, the idea is that clever people out there will think of innovative uses for them. This may involve a “mash up” with other data. One example is Fearsquare. Its website states:

“FearSquare is an application which allows FourSquare** users in the UK to easily see the official crime statistics for the places where you ‘check-in’. The intention is to give you a uniquely individual look at the levels and types of crimes you are exposed to in your daily life.”

** If you are not “cool” and “with it” like me, go to the end of this blog post for a brief explanation of Foursquare.

Foursquare knows all the locations that a user visits most often. These may be areas with high levels of recorded crime or are known for specific types of crime. For example, a user may be contemplating walking in an unfamiliar area where there have been a lot of muggings. FearSquare aims to keep the user updated on their surroundings and the levels and types of crimes recorded nearby. After all, forewarned is forearmed!

Fearsquare takes its crime stats from the UK Police Crime Statistics database. It has a “leaderboard” of the most dangerous areas based on the crime reported. The leaderboard gives out points to the most crime-heavy areas based on the types of infractions that take place, be it robbery or weapons related crimes.The site also has a real-time ticker that displays check-ins that have unlocked crime statistics, which serves as another way of discovering places that a user should be weary of visiting alone.

Interestingly there is a “game” built into FearSquare. The bold and the brave are awarded points when they visit the most crime-ridden areas in the UK. I think I will stick to establishments offering Nectar Points!

Fearsquare is the brainchild of Lincoln Social Computing Research Centre(part of the University of Lincoln) and is part of a study looking at how this sort of personalised data could change user behaviour. It is a good example of an innovative use of an openly available dataset. Public authorities need to start work now on identifying useful datasets they hold and raising awareness amongst stakeholder departments as to how they could be exploited. This opportunity, which should not be left to the private sector alone, nor should it be the realm of those who are motivated by profit.

Now if Dorothy or Little Red Riding Hood had this app on their mobile phones, i wonder which route they would they have taken?

NB Foursquare is an application (very popular in the US, less so here) which allows users to use the location services on their mobile phone to electronically “check in” at various locations; from coffee shops, pubs and restaurants to supermarkets. More check ins mean prizes as well as the much-envied status of “mayor” of a certain location. See https://foursquare.com/about/ for more.

New Webinar– For more on this and other aspects of the Protection of Freedoms Act, join us on our one-hour online seminar: http://www.actnow.org.uk/courses/city_ONLINE

FOI Can Make You Money

Ibrahim Hasan has done a guest blog post for the Save FOI Blog. He says…

“Many public authorities have expressed concerns about the Freedom of Information Act 2000 (FOI) being “abused” by the private sector. They have cited examples of information requests where they are effectively asked to do unpaid research or to supply facts, figures and statistics, which are then repackaged and sold on for profit with little return for the authorities. Many have taken the opportunity to present evidence to the Justice Select Committee  about the cost of dealing with FOI requests. Although some of the figures cited are somewhat dubious, there seems to be groundswell of opinion that the price of openness and transparency is too high. But how many of the same public authorities have considered the forthcoming changes to the FOI regime which may well assist in defraying some of the costs?

The Protection of Freedoms Bill will provide an opportunity for public authorities to raise much-needed revenue from the licensing of some information released pursuant to FOI requests.

READ MORE: http://savefoi2012.wordpress.com/

Freedom of Information Workshops from Act Now Training Ltd
Venues: London, Manchester, Cardiff, Birmingham
Click here for more details

FOI and Datasets


 The Protection of Freedoms Bill, currently at the Report stage in the House of Lords, will amend the Freedom of Information Act 2000 so that in the future public authorities will have greater obligations in relation to the release and publication of datasets. However this may also bring an opportunity to raise some much needed revenue. The key points are:

There will be a new duty on public authorities, when releasing datasets, to adhere to any request to do so in electronic form which allows its re-use where reasonably practicable.

  • Any dataset containing copyright material (where the authority holds the copyright) must be made available for re-use under a specified licence.
  • Publication schemes will in future contain a requirement to publish datasets, which have been requested, as well as any updated versions.
  • Such datasets will also have to be published in an electronic form capable of re use and any copyright material must be available for re use in accordance with the terms of a specified licence.
  • Public authorities will be able to charge a fee for allowing re use of any datasets containing copyright material.

If you want to know more click here to read Ibrahim Hasan’s detailed article.

FOI Update Workshop  – This and other FOI developments and cases will be discussed in our forthcoming FOI Update workshops in London and Manchester: http://www.actnow.org.uk/courses/Freedom_of_Information

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