While the Freedom of Information Act is concerned with access to public sector information (PSI), new Regulations will be made concerning its re-use. HMSO has issued a consultation document and draft regulations implementing the EU Directive on Re-use of PSI which must be implemented by member states by 1 July 2005. The deadline for responses is 18 March 2005.
The aim of the Directive is to remove obstacles that stand in the way of re-using public sector information. In doing so it will stimulate the development of value added products and services across Europe and help to boost the information industry. …
… in general, the most sensible approach to implementation of the PSI Directive is to reproduce its terms into the Regulations. This ensures that the source and nature of the obligations it imposes on public sector bodies are clear and should encourage users of the Regulations to give them a purposive interpretation consistent with that which should be given to the PSI Directive. …
… there is no obligation in the Regulations for a public sector body to permit re-use of documents held by it but, if it does, it must comply with the terms of the Regulations. The Regulations provide a procedure for a public sector body to follow in dealing with any request for re-use made to it, including time limits within which to respond and the grounds on which refusal may be made. The Regulations also set out the format in which documents should be made available for re-use, the possibility of imposing terms and conditions on re-use (which shall be non-discriminatory), a prohibition on exclusive arrangements except in certain circumstances and principles for charging for re-use. They impose an obligation on a public sector body to publish certain information and provide a complaints procedure if an applicant is not satisfied that the correct procedure has been used in dealing with the request or the terms on which re-use is allowed do not comply with the PSI Directive. Should a complaint not be resolved to the satisfaction of an applicant, complaints can be referred to the Office of Public Sector Information/Advisory Panel on Public Sector Information.
