Re-use of County Council information

The aim of the current regulations is to encourage the re-use of public sector information by removing obstacles that stand in the way of re-use. The main themes are improving transparency, fairness and consistency.

Re-use means using the information for a purpose other than the purpose for which the document was originally produced. This could include a commercial purpose.
Documents means written texts, databases, audio files and film fragment.

Gloucestershire County Council will:

  • Allow the free use of information freely available from its web site so long as copyright © and intellectual property rights (IPR) are not infringed. You must acknowledge the copyright, identify the source and not use it in a misleading manner.
  • Consider the granting of free use of non published information so long as copyright © and intellectual property rights (IPR) are not infringed
  • Process requests for licences to use the Council's information that is not published by processing applications from the public
  • Put your request in writing
  • State the contact name and address
  • Specify the document which is required for re-use.

Send your request to the Information Management Service

We must respond to requests within 20 working days. Where a request is received outside of normal working hours (i.e. evenings and weekends) it will be treated as having been received the next working day.

Sometimes it may be necessary to extend the time limit. Where this happens we will tell you before the end of the 20 working day deadline why we are extending the time limit and the date on which we expect to be able to respond.

Responding to a request means:

  • making the requested document available for re-use, or
  • where conditions are attached to the re-use, finalising the offer of the conditions on which re-use will be permitted, or
  • refusing the request.
 

Not always. The regulations allow us to refuse requests for one or more of the following reasons:

  • The document contains information in which intellectual property rights are owned by a third party,
  • The content of the document is exempt from disclosure under the Freedom of Information Act 2000,
  • The document falls outside of the Council's statutory functions.
 

Yes - if we refuse a request for re-use we must inform you in writing of the reason for refusal.

We must also advise you of your right of an internal review and of appeal. Where the refusal is because intellectual property rights are owned by a third party we should tell you who owns the relevant intellectual property rights (where we know that information) or the name of the person from whom we obtained the document.

 

No. We can impose conditions on re-use. Where we do this these conditions will be imposed by licence, but they will not unnecessarily restrict the way in which a document can be re-used or restrict competition.

 

We cannot discriminate between two applicants who request the same information. Both requests have to be dealt with.

We cannot grant exclusive rights to re-use the information, except where the arrangement is for the provision of a service in the public interest. If an applicant is granted exclusive rights, these should be for a relatively short duration so they can be reviewed, for example every 3 years, and the details of the exclusivity agreement may have to be published on our website.

 

We can charge for allowing re-use, but we are not allowed to charge more than it costs us to provide the information, other than allowing a reasonable return on our investment. If we have provided the information under FOI or EIR and have made a charge, this charge will be deducted from the charge for permitting re-use.

 

You can ask for an internal review of the decision. To do this you need to put your complaint in writing to us within 40 days of being informed of the decision.  Please email FOI@gloucestershire.gov.uk with the reasons why you wish an internal review of the handling be conducted.

If you are not satisfied with this response of any actions taken in dealing with your request, you have the right to direct your complaint to the Information Commissioner for consideration at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or visit the ICO website.

 

 

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