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Re-Use of Public Sector Information Regulations 2005 – PCC Guidance
Summary of the Regulations
The Regulations implement an EU directive that encourages the re-use of public information for purposes other than its original purpose. The aim is to stimulate the European information industry and enable companies to use our information for commercial purposes.
The Regulations do not oblige public bodies to make their information available for re-use unless there is a statutory obligation to do so.
However, they do oblige public bodies to:
- publish a list of the main documents which can be re-used
- publish any standard conditions associated with re-use
- publish any standard charges associated with re-use
- operate a request procedure
- operate a complaints/appeals procedure.
The Regulations apply to any recorded information (as defined for FOI), including whole documents or parts of documents.
There are some exemptions to the regulations, e.g. Educational or cultural establishments; intellectual property that rests with a third party; information that is exempt under FOI, Data Protection other legislation.
Requests should be in writing but, unlike FOI, they must state the reason for the re-use. PCC must respond to requests and complaints promptly and within 20 working days unless the request is very complex or volumes are large.
Complaints procedures must include escalation to the Office of Public Sector Information (OPSI) and ultimately to the Advisory Panel on Public Sector Information.
The Regulations encourage public bodies to make the maximum use of electronic means in implementing them.
For more detailed information and guidance visit the Office of Public Sector Information (OPSI) website
How to make a request to re-use information
The "Re-use of Public Sector information regulations" came into force in the UK on 1st July 2005. From this date anyone can request to re-use information held by Portsmouth City Council.
The Regulations aim to improve the European information industry and remove the barriers to re-using public sector information. To “re-use” means using a document for a purpose than for which it was initially created.
This guidance explains the procedures for making a request to re-use Portsmouth City Council’s (PCC) information under the Re-use of Public Sector Information Regulations.
Making an Application
To apply to re-use information, you should:
- submit the request in writing - including by email;
- state your name and address;
- specify which documents or pieces of information you wish to re-use; and
- state the purpose for which the document or information is to be re-used.
The application should be sent to:
Corporate Information Governance Officer
Freedom of Information Office
(see address below)
Making a decision
We will deal with your request as quickly as we can and will provide a full response within 20 working days. If we are unable to respond within 20 working days, we will contact you as soon as possible explaining the reasons for this.
In some cases PCC will only permit reuse under a set of conditions know as a licence. Where this is the case, we will inform you of the licence conditions and whether there is a charge for the licence.
Appeals and Complaints
If we refuse a request to re-use information, we will write to you:
- giving the reasons for refusal;
- explaining our complaints and appeals procedure
- if the refusal is because the copyright and/or intellectual property rights are owned by a third party, we will identify that third party where they are known.
Should you wish to appeal against our decision or make a complaint about the way your request was handled, please write to:
Corporate Information Governance Officer
Freedom of Information Office
Floor 4 Core 3
Civic Offices
Guildhall Square
Portsmouth PO1 2 BQ
Email: FOI@portsmouthcc.gov.uk
If, having heard the outcome of your complaint or appeal, you are still dissatisfied, you can refer your case to:
Office of Public Sector Information
Admiralty Arch (North Side)
The Mall
London SW1A 2WH
Email: opsilicensing@cabinet-office.x.gsi.gov.uk.
