Tag Archive for Open Government Licence

FOI, Datasets and the Protection of Freedoms Bill

A little while ago, Ibrahim Hasan of Act Now Training kindly asked me to write a piece for their Information Law Newsletter. It appears in the latest issue which has been published today.

In summary, I talk about the proposed amendments to the UK Freedom of Information Act in the Protection of Freedoms Bill. The piece covers what datasets are (also covered in more depth by Ibrahim in another piece elsewhere in the Newsletter), what practical steps we should be taking, and finally calls for FOI Officers to get more involved in open data projects in their organisations.

There are also pieces in the Newsletter from Emily Goodhand, better known as @CopyrightGirl on Twitter, who wrote a couple of great guest posts here and here a few months ago, and Jonathan Baines, an Information Rights Specialist at Buckinghamshire County Council, who writes about the Environmental Information Regulations.

Open Data – Just Do It?

Central Government has established a datastore for Open Data. But if you’re outside of Central Government, how do you react to calls for more online data? And what is the role of FOI Officers in getting them established? Southampton University’s new datastore may give us some clues.

This week Southampton University launched data.southampton.ac.uk, its open data repository. It is perhaps unsurprising that Southampton should take the lead in the Higher Education sector in this way. Two of its academic staff, Professors Nigel Shadbolt and Sir Tim Berners-Lee (yes, that one), sit on the Government’s Transparency Board and are heavily involved in the data.gov.uk site.

However, this is the lowest tier of the public sector at which I’ve seen this done. The Greater London Authority (GLA) in London has a Datastore, but the GLA has always been a strange beast – a weird hybrid between local government and central government with more flexibility than most public sector bodies. There may well be others doing great things, but I’m not aware of them. The fact that a higher education institution could do this set me thinking. Was this something I should be doing?

I’ve been hearing great things about the power of open data, but it all seems rather distant from me. The language used can be off-putting at times. All this XML, ODF, even the term ‘Repository’ suggests to me something difficult, technical and, most of all, expensive.

A journalist asked me last week if FOI Officers were involved in Open Data initiatives in the public sector. Being honest (like Superman, FOI Man never lies), I explained that from what I had gathered, where open data initiatives were in place (basically Government and the GLA) the two things seemed to be dealt with separately. FOI Officers were busy dealing with FOI requests and required specific knowledge of the application of legislation. Open Data projects tend to be run by techie-types, statisticians and economists. And it rankled with me that I was being left out of this important stage of the openness agenda.

Why shouldn’t we be involved in these projects? Through answering FOI requests we’ve built up a vast knowledge of the information held in our organisations and how feasible it is to extract and make public. Those of us who are records managers as well have an even deeper knowledge of our organisations’ information resources. Some of us even maintain Information Asset Registers so have already identified all the key datasets in our organisations. No, scratch that. Not only should we be involved, we should be initiating and leading on these projects.

A ‘repository’ is no more than the place where the files are put; it doesn’t have to be something new – unless and until the volume of material is massive, it can just be saved to our Content Management System (CMS) and published to the website that way. The format we publish in is probably less important than just getting it out there, but I have a hunch that the Excel spreadsheets we often send out when asked for data under FOI would be sufficient for most people who wanted to re-use our data. Once we start publishing this data routinely, we’ll presumably get feedback which will tell us which formats we should make data available in in future.

The biggest obstacle is perhaps the legal side of things. Here too though, things are simpler than they were. The National Archives’ new Open Government Licence provides a straightforward way to licence re-use of our data. Assuming the Protection of Freedoms Bill is passed, it will become mandatory for public bodies to adopt such a licence, so why not get ahead of the game?

But surely FOI Officers are there to deal with the requests that come in under the general right of access? Well, we’re also supposed to be maintaining Publication Schemes, pointing to the information our organisations make available pro-actively. And we’ve come under increasing pressure to create and keep up-to-date disclosure logs of the responses we’ve made to FOI requests. The Publication Scheme and Disclosure Log could well be used to structure our datastores.

I may be being terribly naive here, but it seems to me that establishing institutional online datastores outside central government is simpler than we may think. And that FOI Officers ought to be leading the way on them. We already have the tools and the justification for doing these things. Much of it won’t even need additional approval (which if you read We Love Local Government’s amusing, if depressingly familiar, post on Friday, you may appreciate).

I’d love to hear from anyone who has been involved in establishing an Open Data store for their organisation, or has expertise in this area. Am I over-simplifying this? Or perhaps I’m being slow on the uptake (not the most unlikely thing in the world) and everybody else is already well aware how to go about this? Whichever, do please comment on this post – I’m particularly interested to hear your views on Open Data and what we should be doing to make it a reality.

Guest post – re-use of disclosed information

Emily Goodhand, Twitter’s @copyrightgirl, returns with her second guest post for FOI Man.

Re-using Public Sector information: what you need to know

There’s been a lot of interest and discussion around the government’s Open Government Licence and whether it covers information released under FOI. In short, it does not. The Open Government Licence (OGL) allows others to re-use information which has been made publicly available (i.e. on the public facing web) by a government authority so that individuals wishing to make use of this information do not constantly have to write for permission to do so. It is important to note that not all public authorities have adopted this licence, and that the licence only applies to works which have been published. Any information received by an applicant under FOI will not automatically fall under this licence, and therefore permission would have to be sought via a request to re-use this information before further use (including reprographic publication) could be made.

Why would a Public Sector Organisation be reluctant to apply an Open Government Licence to information released under FOI?

The OGL reads:

“You are free to:

copy, publish, distribute and transmit the Information;

adapt the Information;

exploit the Information commercially for example, by combining it with other Information, or by including it in your own product or application.”

The wide scope of this licence means that it is unlikely that public sector organisations will adopt it as a blanket licence to cover all of the information that they release under FOI.  It is more likely that a selective approach would be favoured, in that some information requested would be released under the licence at the point at which it is sent to the requester, but not all.  This would very much depend on the type of information being requested, which may not fall under an FOI exemption but may prejudice the organisation’s interests were it to be used for commercial purposes. West Middlesex University Hospital NHS Trust’s website provides some excellent examples of why a public sector organisation would not wish to release information under the OGL:

“Providing access to information does not give an automatic right to re-use it. Re-use can include publishing information or issuing copies to the public. Examples might be private sector companies wanting to re-publish our documents on their website as part of a commercial service, or wanting to publish our images in commercial publications.”

It is important to take these concerns into account in order to get a fair and balanced view of why, at times, a public sector organisation may not allow re-use of information in certain ways.

The Re-Use Regulations

Public sector information which is publicly available but is not released under the Open Government Licence is still subject to the terms laid out in the Re-Use of Public Sector Information Regulations of 2005. Information received under FOI from a public sector body is subject to these regulations with the following exceptions:

  1. The Regulations do not apply where a third party owns relevant intellectual property rights in the document (i.e. the document was written by an independent consultant who retained the copyright in the work)
  2. The Regulations do not apply to public service broadcasters and their subsidiaries, educational and research establishments, or cultural establishments

A request for re-use of information can be submitted to the remaining authorities who are not excepted from the regulations at the same time as an FOI request. The FOI request will be dealt with first, as re-use of information is impossible if access to that information is not granted. It is up to the institution as to whether it chooses to grant re-use of the information supplied, and it is entitled to make a charge for the re-use of the information. Complaints are handled by the Office of Public Sector Information, and more information about the re-use of public sector information is available from the National Archives.

Fair Dealing: what the Copyright Act allows you to do

The CDPA makes certain allowances for the use of work without the need to request permission to use it from the copyright holder. The main defence is fair dealing with a work for the purposes of: a) non-commercial research and private study; b) criticism and review; c) news reporting. It should be noted that photographs are specifically excluded from the fair dealing defence for the purposes of news reporting.

The emphasis in the Act is on the word “fair” – although it is not specifically defined, various case law has indicated that the work used must be no more than is necessary to make the point (i.e. an insubstantial amount) and must not have a detrimental economic impact on the original work. In addition to this, other factors also come into play, such as whether the work is published or unpublished, what the motive was for the dealing, and whether the purpose could have been achieved by different means. The defence, if relied on, should be used carefully, as one court found the copying of as little as 11 words to be copyright infringement. However, it is generally accepted that journalists can rely on this defence to re-use insubstantial portions of the information they receive as a result of an FOI request for the purposes of news reporting, with the exclusion of photographs.