ICO revises publication schemes ahead of new open data rights on 1 Sept

The Information Commissioner’s Office has revised its approved model publication schemes to reflect new open data rights that come into force on 1 September.

Under s. 102 of the Protection of Freedoms Act 2012, which amended ss 11 and 19 of the Freedom of Information Act, there will – from next month – be new rights to receive datasets in a form capable of re-use.

The 2012 Act gives users the right to re-use datasets under the terms of a specified licence.

It also requires public authorities to publish datasets in their publication schemes. “The requirement only applies to datasets that have been requested under FOIA though public authorities are encouraged to also consider datasets for publication in a re-usable format proactively,” the ICO said.

In addition to revising its approved model publication schemes, the ICO has been working on a rolling programme of updates to sector specific definition documents.

Documents to have been updated cover central and local government, police forces, schools and higher education institutions.

The ICO has also published new definition documents for schools in England, Wales and Northern Ireland, and for further education colleges.

Various pieces of guidance – Publication schemes – how to use definition documents, Charging for environmental information, and Charging for information in a publication scheme – have been updated as well.

“Public authorities now need to take steps to ensure that the new text regarding datasets in the model scheme and definition documents is inserted into their own publication schemes and guides to information,” the ICO said.

More information (plus links to the relevant documents) can be viewed here.

Writing on the ICO’s blog earlier this month, head of policy delivery Steve Wood described the changes as a “welcome upgrade” for FOIA.

He said: “Put simply, the more usable the data, the greater the potential to enhance accountability, transparency and economic growth.”

However, he added: “It is important to note that the changes do not give new rights of access – they are concerned with the format and the ability to re-use datasets, once the public authority has decided that no exemptions or other provisions (e.g. costs, vexatious) in the legislation apply.”

Wood called on public authorities to “embrace the spirit” of open data, arguing that it was now important to adopt an approach of ‘open data by default’.

He identified a number of key steps that authorities should take first:

• “Start to think about the definition of dataset: what information or categories of information do you have that fits the definition?
• Promote the key principles of open data in your organisation: use an open format and open licences by default and only deviate from this when you have good reasons to do so.
• Charging for re-use is not encouraged but can be justified in some situations: do you have existing powers that allow you to charge? If you charge for re-use under the new regulations, can you justify the cost recovery and return on investment?
• Make sure you know who owns the intellectual property rights (IPR) in your datasets?
• Familiarise yourself with the licencing framework and the new version 2.0 of the OGL. FOI officers may need to learn a little more about copyright.
• In some organisations open data is not part of the remit of the FOI officer. It’s crucial to make sure these two functions have an understanding that they need to work together.
• Consider what datasets you can make available for re-use proactively in your publication scheme.”

Wood added that in the longer term public authorities should think about open data requirements when they are procuring new IT systes.