Re-Use of Public Sector Information Regulations Policy 2009
Version 2: 20th January 2009
Author:
Marie Galloway
Job Title: Records Management Team Leader
Contents
1
Introduction
2.
How the Regulations Affect South Tyneside Council
3.
Purpose
4.
Scope
5.
Objectives of this Policy
6.
Corporate Responsibilities
Corporate
Executive Directors
Heads of Service
Head of Corporate Governance
Records Management Team
Managers
Employees
Members
7.
Definition of “Re-Use”
8.
Definition of “Ownership”
9.
Information Asset Register
10.
Types of Information Available for Re-Use
11.
Making a Re-Use Request
12.
Time
13.
Format of Information
14.
Conditions of Re-Use
15.
Charges
16.
Licences
17.
Terms and Conditions of Licences
18.
Exclusions to the Regulations
19.
Exemptions to Re-Use
20.
Transfer of Requests
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Copyright
Re-Use of Public Sector Information
Refusals
Complaints and Appeals
Office of Public Sector Information (OPSI)
Training and Awareness
Equality and Diversity
Monitoring and Performance
Review
Breaches of this Policy
Contacts
Useful Websites
Links to Related Documents
Relationship with Other Policies
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1.
Introduction
The Re-Use of Public Sector Information Regulations 2005
(PSI) came into force on 1st July 2005, following the EEC
Directive 2003/EEC on Re-Use of Public Sector
Information2003. The Regulations create a legal right for
individuals to re-use public information that has been
requested through submitting requests through the Freedom
of Information Act 2000 and the Environmental Information
Regulations 2005. The Regulations apply to government
departments, local authorities, the Armed forces, the Police,
and the Fire Service.
2.
3.
Purpose
The purpose of this policy is:
 To outline the requirements of the PSI Regulations,
and
 To provide a framework and procedures for responding
to PSI requests to support compliance with the
Regulations.
4.
Scope
The Regulations apply to:

How the Regulations Affect South Tyneside
Council
Under the Regulations South Tyneside Council is expected to:
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Publish a list of the main documents which can be reused. However, the Council is under no obligation to
make public information available for re-use;
Publish standard conditions associated with re-use;
Publish standard charges associated with re-use,
where applicable;
Operate a request procedure;
Operate a complaints/appeals procedure;
All recorded information as disclosed under the
Freedom of information Act 2000 and the
Environmental Information Regulations, including
whole documents or parts of documents;
Applies to all information mediums regardless of format
i.e. paper records, electronic records, sound, visual
recording i.e. CD’s, videos, photographs, disks etc.
This policy should also be read in conjunction with the Council’s
Records Management Policy, Freedom of Information Policy,
Environmental Information Policy and Data Protection Policy.
5.
Objectives of this Policy
The Council will:
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6.
Promote the Re-Use of public information;
Ensure there are accurate notices on the Council’s
documents and website about re-use arrangements
and copyright ownership;
Respond to all Re-Use requests within the 20 working
day time scale;
Identify public sector documents available for re-use in
the Council’s Publication Scheme/Asset List;
To provide a charging structure to manage re-use
requests;
Ensure that its charges and conditions for re-use are
available and fair;
Ensure licences do not restrict fair competition;
Will try to make re-use available electronically where
possible and appropriate;
Will treat all Re-Use requests equally and will not
discriminate between applicants making re-use
requests of comparable purposes
Corporate Responsibilities
Corporate
 Ensure there is a nominated lead officer for the ReUse of Public Information;
 There are adequate procedures in place for handling
Re-Use requests;
 To respond promptly to all Re-Use requests;

The Council reserves the right to refuse Re-Use
requests that are considered ambiguous or an abuse
of public information.
Executive Directors
The Executive Director of Regeneration and Resources is the
nominated lead officer for re-use requests of public information.
However, all Executive Directors are responsible for ensuring
that public information is not abused or re-used without the
Council’s written consent.
Head of Services
It is the roles of each Head of Service to:
 Manage the effective implementation of the Council’s
Re-Use Policy;
 Ensure all appointed FOI/EIR Co-ordinators help to coordinate and respond to all Re-Use Requests;
 Ensure staff have an awareness of the Council’s ReUse Policy;
 Authorise Re-Use replies;
 Recognise resource issues in service planning and
service allocation.
Head of Corporate Governance
The Head of Corporate Governance has been assigned the
responsibility of dealing with Re-Use requests.
Records Management Team
The Head of Corporate Governance has appointed the
Records Management Team to have the day-to-day
responsibility for all Re-Use requests. These responsibilities
include, but are not limited to:
 The development and implementation of this Re-Use
Policy;
 The promotion and enforcement of the Re-Use Policy;
 The maintenance and accuracy of Re-Use information
in the Council’s Publication Scheme;
 The provision of best practice guidance for staff;
 The effective delivery of training in Re-Use of Public
Information;
 To respond to all Re-Use requests in a timely manner
to enable compliance with the 20 working day deadline;
 To inform the Heads of Services of any Re-Use
Requests;
 To monitor and review the effectiveness of this policy;
 To identify any appropriate resources that are required
to support this policy;
 To liase with other colleagues responsible for information
handling activities i.e. the Council’s Information Security
Officer, Information Manager etc.
Managers
It is the responsibility of all senior managers to ensure:
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Staff are aware of the existence and content of this
policy;
Staff are aware and understand their Re-Use legal
obligations;
Information is supplied to the Information Manager for
inclusion into the Council’s Publication Scheme for reuse.
Employees
Staff must:
 Familiarise themselves with this policy;
 Immediately redirect all Re-Use requests to the
Records Management Team once received;
 Help to respond to all Re-Use requests within 20
working days.
Members
The Council’s Elected Members have the same corporate
responsibilities as employees and so must:
 Have an understanding of the Public Sector Information
Regulations and how it affects them;
 Develop and implement an effective framework for the
Regulations;
Definition of “Re-Use”
7.
"Re-use" means allowing a person or organisation to re-use a
public document issued under the Freedom of Information Act
2000 (FOI) or the Environmental Information Regulations
2004 (EIR) regimes for a different purpose other than the
initial purpose the document was provided for.
The preparation of this work is still in progress.
10.
You can apply to re-use any information that South Tyneside
Council produces. Examples of information that may be
available for re-use include but are not limited to:
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Definition of “Ownership”
8.
For the purposes of the Regulations information can only be
owned by the Council if the information:
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Is in the possession and has been produced by the
Council, or
Is held by another person, public body or external
contractor on behalf of the Council.
If another body holds the information, South Tyneside Council
still has a duty to respond to the request. In this situation, the
Council may arrange with the holding authority or contractor to
act on its behalf, although liability and compliance will still remain
with the Council.
9.
Information Asset Register
South Tyneside Council is obliged to publish an information
asset register which lists the main documents available for re-
Types of Information Available for Re-Use
Statistics
Scientific information
Surveys
Health and Safety guidance
Leaflets and forms
Publications
Please see the Council’s publication scheme to find out what
information is available. Information not listed in the scheme
may be available for re-use on request subject to the
exemptions of the Freedom of Information Act 2000 and the
Environmental Information Regulations 2004.
11.
Making a Re-Use Request
All Re-Use requests must:
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Be in writing (email, fax and letter included);
Provide the full name and contact details of the
requester;
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Specify the document for re-use;
State the purpose for which the document is to be
used;
Sent to the Records Management Team for processing
at the following address: Records Management Team,
Town Hall, Westoe Road, South Shields, Tyne and
Wear, NE33 2RL.
12.
Council’s Responsibilities
 Will respond to all Re-Use requests within 20 working
days (requests received after normal working hours will
be treated as having been received the next working
day);
 Determine if the information can be re-used;
 Determine if a licence is required for re-use;
 Determine if the information is free of charge or if a fee
is required;
 Determine if there are any restrictions or conditions on
which re-use will be permitted. This will be attached to
the re-use licence.
13.
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The Council is under no obligation under the Regulations to
permit the re-use of public information produced by South
Tyneside Council. The ultimate decision rests with the Council
in accordance with the Regulations.
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Time
The Council will respond to all Re-Use requests within 20
workings days. In cases where the request is extensive and
complex the period of time may need to be extended by
another 20 working days. In these circumstances, the
applicant will be notified of any extensions, where applicable.
Format of Information
The Council will take account of the applicant’s preferred
format of receiving information so far as this is reasonable.
Where possible and appropriate the Council will try to make
the document available electronically. However, the Council is
not obliged to:
 Create or adapt a document in order to comply with
a request;
 Provide an extract from a document where it would
involve disproportionate effort;
 Continue to produce a certain type of document for
the purposes of re-use by another person.
14.
Conditions for Re-Use
The Council recognises that if conditions are imposed it
cannot unnecessarily restrict:
 The way in which a document can be reproduced;
 Free competition;
Or
Each request will be judged on its own merits.
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Discriminate between applicants who may make a
request for comparable purposes;
Enter into exclusive arrangements with companies or
individuals (the exception to this rule is where it is
necessary for the provision of a public service which is
in the public interest).
However, it is considered that most public information
disclosed in the Council’s Publication Scheme/Information
Asset Register will be available free of charge for re-use.
Please refer to the Council’s Charging Policy for further
details.
Charges
16.
The Council is not obliged to make a charge for re-use, but
where this is appropriate the charge will not exceed:
 The cost of collection, production, reproduction and
dissemination of documents i.e. staff time, cost of
materials;
 A reasonable return on investment;
 A reasonable estimate of the demand of the documents
over the long term.
Staff time is calculated based on an hourly rate of £25 in
keeping with the Freedom of Information regulations (FOI).
Please note there will be no double charging for the retrieval
and location costs that may have been charged under the FOI
or EIR regimes. In this situation only a charge for re-use will
be applied.
Licences
All re-use requests for information will therefore be answered
in one of three ways:
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Free of charge, or
Under general licence terms and conditions, or
Re-use licence with a charge.
Terms and Conditions of Licences
The Council will issue standard licences with the following
terms and conditions:
 The Council has the right to change the terms of any
licence issued;
 The term of the licence will last for 5 years;
 The Council reserves the right to end a Licence if a
significant breach of the conditions of the licence is
made;
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The re-use of material under the terms of the licence is
entirely at the risk of the applicant. The Council
provides no warranty, representation or guarantee that
the information disclosed is free of errors and
inaccuracies;
The licence is made under the laws of England and
Wales and carries the exclusive jurisdiction of the
Courts of England and Wales.
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19.
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Documents where the Council would normally make a
charge; or where
The documents are held by other establishments e.g.
schools, universities etc.
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Exemptions to Re-Use
The Council has a right to refuse re-use requests on the basis
of the following exemptions:
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The activity of supplying the document falls outside the
public task;
The intellectual copyrights in the document are owned
by a third party;
The document has been identified by the Council or
another public body as being available for re-use;
The document falls within the scope of the exemption
classes of the Freedom of Information Act 2000, the
Data Protection Act 1998 and the Environmental
Information Regulations 2004.
The scope of Re-Use Regulations does not apply to
documents held by:
Exclusions to the Regulations
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Educational and research establishments e.g. schools,
universities, archives, libraries, research facilities,
including organisations established for the transfer of
research results;
Public service broadcasters (radio and TV stations) and
their subsidiaries for the provision of programmes i.e.
reporters, news etc.;
Cultural establishments such as museums, libraries,
archives, orchestras, opera, ballet and theatre
establishments.
Transfer of requests
Where the Council believes the copyright is held by another
local authority or public body, it will either:
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Transfer the request to the appropriate body whom
own the intellectual rights of the document(s), or
Supply the applicant with the name and address of the
third party or public body concerned.
21.
Copyright
The Regulations do not affect the Council’s copyrights.
Documents disclosed under the Freedom of Information Act
2000, Data Protection Act 1998 and the Environmental
Information Regulations 2004 does not give an individual an
automatic right to re-use the information that would infringe
copyright. The information is still protected in accordance with
the Copyright, Design and Patents Act 1998.
22.
24.
Applicants who have had their request refused in whole or in
part have the right to request an internal appeal. An internal
appeal panel has been set up to follow the same
arrangements as set out under FOI and EIR procedures.
All appeal requests will be dealt within 20 working days from the
date the appeal request is received. All appeal applicants must
clearly give reasonable grounds for re-use.
Re-Use of Public Sector Information
25.
Applicants are free to use public sector information provided it is
for their own purposes, including any non-commercial research
and news reporting. Any re-use of the information for commercial
gain for example commercial publication (publication of multiple
copies or publication to members of the public) requires
permission of the Council as the Copyright holder. In this
situation the applicant wishing to re-use the information will be
subject to certain conditions as outlined in a licence provided by
the copyright holder i.e. the Council.
23.
Complaints and Appeals
Refusals
All applicants will be clearly informed in writing of the
Council’s explanations for refusal, where applicable.
Applicants have the option to appeal against the refusal within
20 working days of receiving the notification.
Office of Public Sector Information (OPSI)
Applicants who are dissatisfied with the outcome of their
internal appeal can write to The Office of Public Sector
Information (OPSI) at the following address for an
independent review of their case:
OPSI Standards Team
Room 1.35
Admiralty Arch
North Side
The Mail
London
SW1A 2WH
Tel. No. 020 7276 5217
Fax No. 020 7276 5207
Website: www.opsi.gov.uk.
All appeals must be lodged within 28 workings days from the
date of the internal review.
Please note OPSI will only consider appeals that have
exhausted the Council’s internal appeal procedures.
Applicants not satisfied with the OPSI review can next
approach the Advisory Panel on Public Sector Information
(AAPPSI) for a review. Their address details are as follows:
27.
The Disability Discrimination Act 1995 places a requirement
on the Council to take reasonable steps to make its services
more accessible to people with disabilities. In accordance with
the Disability Discrimination Act 1995 the Council will consider
requests that are required in Braille or to be translated into a
language.
28.
Advisory Panel on Public Sector Information
1.35 Admiralty Arch
The Mail
London
SW1A 2WH
Tel. No. 020 7276 5216
Fax No. 020 7276 5207
All requests to the Advisory Panel must be in writing and
enclose a copy of the written notification from OPSI.
26.
Monitoring and Performance
For monitoring purposes the Council will keep a record log of
all requests received and responses made (including any
redacting of material) for audit trails purposes and any
potential subsequent complaints.
29.
Review
This policy will be reviewed annually unless it is subjected to
 Changes in the legislation
 Risks are highlighted in the policy
Training and Awareness
30.
The Council will ensure that its staff and Members are familiar
with the requirements of the Re-Use Regulations.
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Equality and Diversity
Breaches of this Policy
Failure to comply with this policy may result in disciplinary
action being taken by the Council.
31.
Contacts
The Records Management Team deals with all Re-Use of
Public Sector Information requests. The contact details are as
follows:
Records Management Team Leader
Records Management Team
South Tyneside Council
Town Hall, Westoe Road
South Shields
Tyne and Wear
NE33 2RL
Telephone Number: 0191 424 6537 / 6538
Email: [email protected]
32.
Useful Websites
Office of Public Sector Information - www.opsi.gov.uk.
Information Commissioner’s Office – www.ico.gov.uk.
Department of Constitutional Affairs – www.dca.gov.uk.
33.
Links to Related Documents
The Re-use of Public Sector Information Regulations 2005
www.opsi.gov.uk/si/si2005/20051515.htm
EU Directive on the Re-use of Public Sector Information
http://europa.eu.int/eurlex/pri/en/oj/dat/2003/l_345/l_34520031231en00900096
Procedures for investigating complaints arising under the Reuse of Public Sector Information Regulations 2005
www.opsi.gov.uk/advice/psi-regulations/advice-andguidance/psi-complaints-procedure.doc
Advisory Panel on Public Sector Information - Procedures for
reviewing Complaints arising under the Re-use of Public
Sector Information Regulations 2005
www.appsi.gov.uk/complaints-resolution/psi-complaintsprocedure.doc
34.
Relationship with Other Policies
Freedom of Information Policy
Freedom of Information Procedures
Data Protection Policy
Data Protection Procedures
Environmental Information Regualtions Policy
Environmental Requests Handling Procedures
Records Management Policy
Records Management Toolkit
Access to Information and Charging Policy
Information Governance Framework Manual
Information Security Classification Scheme
Internet and Email Policy
RIPA (Regulation of Investigatory Powers) Covert
Surveillance Policy 2000
Regulation of Investigatory Powers Act 2000 Handbook
Interception of Communications Data Policy
Code of Practice: Interception of Communication Data
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