Freedom of Information

The Reuse of Public Sector Information

The Government has passed a law governing the re-use of public sector information (Statutory Instrument 2005 No 1515, The Re-Use of Public Information Regulations 2005), here referred to as 'the Regulations'. The Regulations came into effect on 1 July 2005. They encourage the re-use of public sector information - that is in this instance, information for which we hold the copyright.

West Wiltshire District Council (the "Council") explains here how the regulations relate to your request to re-use information.

What is meant by re-use?

When we release information to you which has been requested under access to information legislation such as the Freedom of Information Act 2000 ("FOIA"), you may ask if you can re-use the information, perhaps for commercial purposes, in a way which, without permission, might breach the Council's copyright. The regulations allow you subject to conditions to use that information.

Copyright

The supply of documents to you (for example under the FOIA) does not give you a right to re-use them in a way that would infringe the Council's copyright in those documents for example, by making copies, publishing and issuing copies to the public or to any other person.

The Council may choose to allow re-use under licence, imposing conditions on the re-use of the information to ensure it is not used in a manner inconsistent with the Council's copyright; and charge a re-use fee.

Applying to re-use information?

You may apply to the Council to re-use information for which the Council holds the copyright. Your application must:

• state your name;
• make your request in writing;
• specify the document requested;
• give an address for correspondence and;
• state the purpose for which the document is to be re-used.

The request should be sent to the attention of

Legal & Democratic Services Manager
Legal Services
West Wiltshire District Council
Bradley Road
Trowbridge
Wiltshire
BA14 ORD

and headed Re-use of Public Information

You are entitled to receive a response in 20 working days (beginning from the first working day after the request is received) for a response to a request for re-use. This period may be extended where the request is extensive or complex.

Conditions and Licence for Re-use

Some information may be reusable for free, though a licence fee may in some circumstances be issued. (See "Charges" below). Where the Council issues licences, which include the conditions for re-use, these are issued on a case by case basis, and will be available by electronic means.

Exemptions to re-use

Re-use can be refused if:

• The activity of supplying the document is one which falls outside the public task;
• The document contains content in which relevant intellectual property rights are owned by a third party;
• The content of the document is exempt from access by virtue of the FOIA.

Charges

The Council is allowed to make a 'reasonable return on investment'.

In calculating a licence fee the Council will take into account the following:

• The Council's intellectual property, ie information that has a commercial value. A charge for this would be determined on a case by case basis.

• Charges for staff time. Hourly charge of £25 per hour and (these may be subject to revision from time to time) depending on the seniority of the member of staff who is required to manage the request.

• Charges for materials:
• Photocopying (black & white) - 21p a sheet (any size);
• Printing out (black & white) - 30p a sheet (any size);
• Photocopying (colour) - 60p a sheet (any size);
• Printing out (colour): 60p (any size);
• CDs and Microfiche / Microfilm - Converting to electronic format - depends on costs charged to the Council.

Information Asset Register

Where permission for re-use is granted, we must keep a list of the type of information for which permission for re-use has been granted. The list is known as an 'information asset register'. The Council's publication scheme under the FOIA form the Council's Information Register.

Complaints

You may complain about how the Council has managed your request for re-use, eg about any licence fee for re-use which has been charged.

The complaints procedure set up by the Regulations works in the same way as the complaints procedure under the FOIA, except that the Office for the Public Sector Information (OPSI), and not the Information Commissioner, is the ultimate authority to which to complain. You may complain to OPSI only after your complaint has first been sent to the Council (as the authority to which their request for re-use of information was made) if you are not satisfied with the response to your complaint. Please see the Council's complaints procedure.

Office for the Public Sector Information (OPSI)

Any complaint to OPSI must:

• Be in writing;
• State the nature of the complaint;
• Include a copy of the written notification from us constituting our response to their complaint;
• Be lodged with OPSI before the end of 28 working days beginning with the date of receipt by them of our response.

The contact details for OPSI are:

The Standards Division
Admiralty Arch
North Side
The Mall
London
SW1A 2WH