The Re-use of Public Sector Information Regulations 2005 came
into effect on 1 July 2005 and were introduced to encourage the
re-use of information held by public bodies and local
authorities.
Under the regulations the Council has to look at what
information it holds and whether it can be re-used. The Council
must hold a
list of information assets suitable for re-use,
provide licences and charge a fee where appropriate for the
information.
Detailed
information about the regulations (new window)
can be found on the Office of Public Sector
Information website.
What is meant by re-use?
Information is available to the public by way of access to
information legislation such as the
Freedom of Information Act 2000 (FOI) or the
Environmental Information Regulations 2004
(EIR). When requesting information, the applicant can also ask
to re-use the information if it is released.
Re-use means the reproduction of the same information in a way
that it was not originally intended for. This could include
copying, adapting, developing or re-using for commercial
purposes.
Information released under FOI or EIR can be re-used providing
you have our permission to do so. Without permission you may breach
copyright law. If we do allow re-use, it must be done in accordance
with the regulations.
Copyright
Information for which the Council holds the copyright may be
released under access to information legislation but this does not
automatically mean you have permission to reproduce it.
Information released can be used for private purposes but must
not be used for commercial purposes unless you have advised us you
wish to re-use it and you have our permission to do so.
The Council must ensure the conditions for the re-use are clear
and in keeping with the Council's copyright so a licence may be
issued detailing such conditions.
How do I get permission for re-use?
Requests for information for re-use purposes must be made in
writing stating your name and a correspondence address. You must be
specific about the information you require and you must state the
purpose for which the information is to be re-used. Requests should
be sent to:
Head of Legal and Democratic Services,
Suffolk Coastal District Council,
Melton Hill,
Woodbridge,
Suffolk IP12 1AU.
If you have any questions about re-use of information you can
contact the Head of Legal and Democratic Services on 01394
444336 or email
legal.section@suffolkcoastal.gov.uk
What happens next?
On receipt of your request for re-use under the regulations, the
Council has 20 working days in which to respond, although this
timescale can be extended if the request is extensive or complex.
The information is collated and decisions will be made regarding
the following:
- If the information can be released.
- If the information can be re-used.
- If a licence for the re-use is required.
- If a charge applies.
The Council will advise you of the above together with
conditions for re-use and any fee that may apply. This must be paid
before the information is released. The information will be made
available in an electronic form where possible.
Exemptions to re-use
As with FOI & EIR requests, there are some exemptions which
restrict re-use of the Council's information, for example:
- The information is exempt under access to information
legislation (FOI, DPA, EIR).
- Supplying and re-using the document falls outside it's 'public
task'.
- Part of the information is not owned by the Council and the
intellectual property rights belong to a third party.
Charging for the re-use of information
The regulations allow the Council to charge a fee for the re-use
of information so that it can make a 'reasonable return on
investment'. Charges may include the cost of staff time to collate
the information, the cost of it's reproduction and delivery and the
commercial value of the Council's intellectual property.
Unlike FOI & EIR, there are no fixed fees limits and charges
are determined on a case by case basis. Staff time is calculated at
an hourly rate of £25 in keeping with FOI fees regulations however
this may be subject to change dependant on the seniority of the
member of staff required to process the request. For costs of
reproduction and delivery please refer to the Council's
list of fees and charges.
Complaints
If you are unhappy with the way in which your request to re-use
information has been handled, you can make a complaint
using the Council's complaints procedure. If you
are not satisfied with the Council's response to your complaint you
can complain to the Office for Public Sector
Information (new window), the Government department that
oversees the regulations.