Re-use of information

We are not under any automatic obligation to allow re-use of information but if we do allow re-use of any of our public sector information, this has to be done in accordance with the regulations.

Re-use means using the information for a purpose other than the purpose for which the document was originally produced.

Examples of public sector information are national and local legislation, statistics, local planning, tourist information, and guidance on local community issues and policies etc.

To comply with PSI legislation we have a duty to:

• Respond to all PSI requests within 20 working days. This period may be extended where the request is extensive or complex
• Offer appropriate advice and guidance, where necessary
• Grant licences for re-use of public sector information where applicable
• Levy fees where there is reasonable justification to cover the costs of producing and supplying the data

The focus of Freedom of Information is on access to information, whereas the PSI Regulations refer to its re-use.

Receiving information under Freedom of Information and other information access regimes does not give you an automatic right to re-use the information and you must make a distinct request to re-use it.

The new directive does not provide access to the information itself. That is available through the Freedom of Information Act 2000, Data Protection Act 1998 or other access to information regimes such as the Environmental Information Regulations 2004.

Frequently Asked Questions

From 1 July 2005 a new European Directive, the Re-Use of Public Sector Regulations comes into force which allows people to apply to re-use information.

What does re-use of information mean?

Re-use means using the information for a purpose other than the purpose for which it was produced. This includes using the information for commercial purposes.

How do I make a request for re-use of information?

To be valid a request must:

• be in writing, which includes email
• state your name and address
• specify the document which you want to re-use
• state the purpose for which the document is to be re-used

N.B. This applies only if you want to re-use information held by us, otherwise requests for access to information should be handled under the Freedom of Information Act 2000 .

An applicant must have obtained the information under any access request before he/she can have an application to make a re-use considered.

A request for access and re-use may be combined.

There is no prescribed form but your request can be made by applying in writing to:

Information Officer
Erewash Borough Council
Town Hall 
Wharncliffe Road 
Ilkeston
Derbyshire
DE7 5RP

email: foi@erewash.gov.uk

Do we have to respond to requests for re-use of information within a certain timescale?

Yes. All requests must be responded to within 20 working days unless there are exceptional circumstances. For example where requests are extensive in terms of the number of documents requested, or raise complex issues. If we require more information we will contact you.

If a request is received outside of normal working hours it will be treated as being received the next working day.

Response means one of the following:

• Refusing the request
• Making the requested document available for re-use
• Where conditions are attached to the re-use, finalising the offer to you of the conditions on which re-use will be permitted.

Are documents always granted permission for re-use?

No. There are certain regulations that prevent re-use, where:

• the content is exempt from disclosure under the Freedom of Information Act 2000.
• the documents falls outside of our statutory functions.
• the document contains information in which intellectual property rights are owned by a third party. An example of this would be architectural drawings which have been commissioned by an architect who retains the copyright.
• the document does not exist.

Will I be advised if my request is refused?

Yes. We will advise you in writing of the:

• reasons for refusal
• your rights to an internal review and appeal
• the necessary time limits of reviews and appeals.

Where refusal is due to intellectual property rights being owned by a third party, we will confirm, if we know:

• who owns the intellectual property rights and
• provide you with their names and contact details.

Can I re-use the information in any way I choose?

No. We can impose conditions on re-use. These conditions will not unnecessarily restrict the way in which a document can be reused or restrict competition.

What happens if someone else wants to re-use the information?

We cannot discriminate between two applicants who request the same information, nor can we grant you exclusive rights for re-use of the document unless the arrangement is in the public interest.

If exclusive rights are granted, the document will be reviewed on a three year basis and details of the exclusive rights may be published on our website.

Do I have to pay for a re-use of information request?

Tel: 020 7276 5217
Fax: 020 7276 5207
Or by accessing the OPSI website and completing an online form.

Any complaints referred to OPSI must:

• be in writing
• state the nature of the complaint
• include a copy of our decision notice.

Appeals to the OPSI must be lodged within six months following an Internal Review.

What if I’m dissatisfied with how the OPSI has dealt with my appeal?

You can request the Advisory Panel on Public Sector Information (APPSI) to review the recommendation made by OPSI.

• be in writing
• state the reason for the request for the review
• include copies of decision notices from us and OPSI.

Appeals to the APPSI must be lodged 28 days from your date of notification from OPSI. You will need to contact:

Advisory Panel on Public Sector Information
1.35 Admiralty Arch
The Mall
London
SW1A 2WH

Tel: 020 7276 5216
Fax: 020 7276 5207