PSI - Questions and Answers
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Regulations implementing the EU Directive on the re-use of PSI - Questions & Answers
Q. What is the aim of the Directive?
A. The Directive aims to achieve harmonisation across the European Union of the rules and administration on the re-use of public sector information (PSI).
Q. Why is the Directive necessary?
A. New technology such as the internet and digital broadcasting has created new opportunities for growth in an information industry that currently employs around 125,000 people in the UK. At present rules on re-use of PSI vary considerably across the EU. This is a considerable barrier to parts of the information industry that would use public sector information. This Directive will open up a vast resource and create a level playing field for business in Europe.
Q. Isn’t it just more red tape to burden the UK?
A. No. Businesses, especially small and medium sized companies will find it much easier to re-use PSI as a result of these rules. Thanks to the work we have already done in the UK public sector, including our preparations for Freedom of Information (FOI), we are well placed to handle the Directive's implications. A regulatory impact assessment has been made and the regulations are subject to a public consultation exercise.
Q. What kind of information will become available for re-use?
A. The public sector collects and collates a vast array of information that could easily be used by the commercial sector. This includes statistics from the Office of National Statistics, scientific research, codes of practice, guidance on health and safety, meteorological data, patent information, leaflets and forms, official records of the proceedings of Parliament and census information.
Q. What information will be exempt?
A. Exemptions will include information exempt under FOI along with information held by public service broadcasters, educational and research establishments and other cultural organisations like museums.
Q. What will the public sector organisations have to do?
A. Public sector organisations will have to list the information that they hold and provide online standard licensing agreements. This would be a standardised agreement stating the conditions applied to the re-use of information. Central government has already put such systems into place. Her Majesty's Stationery Office (HMSO), soon to be known as the Office of Public Sector Information operates the Click-Use online licensing scheme. HMSO has published a standard licence on HMSOnline that public sector bodies can adapt for their own use.
Q. Will it be expensive for the Public Sector?
A. Once the systems required by the regulations are in place the costs should be modest while the benefits to industry will be significant.
Q. How will this be paid for?
A. Public sector organisations will be able to meet any costs from their existing budgets. They will be able to make charges for information requests that reflect the cost of providing it, plus a reasonable return on investment if they wish.
Q. How will the Directive affect Crown copyright and other intellectual property?
A. The regulations will complement existing legislation. Information produced by central government will continue to be protected by Crown copyright. Other intellectual property rights will also be unaffected.
Q. How does this fit in with Freedom of Information?
A. Rights under FOI will not be affected. The focus of FOI is on access to information whereas the Regulations cover its re-use.
Q. What is the Office of Public Sector Information (OPSI) and what will it do?
A. OPSI will be established as the new regulatory body for PSI. Building on the work that HMSO has done in terms of developing initiatives that encourage the re-use of information produced at central government level, OPSI will take on an enhanced role that will focus on the sharing of best practice across the wider public sector. It will be funded and staffed by current HMSO resources.
Q. What will become of HMSO?
A. Certain official statutory responsibilities and titles used by HMSO will be retained under the broader unit name of OPSI.
Q. OPSI hasn’t got any powers to enforce compliance with the Regulations. Won’t it be ineffective?
A. No. Ultimately compliance can be enforced by recourse to the courts. However, we have recognised that this can be a lengthy and expensive business, and so have included a quick and low-cost independent dispute resolution process in the Regulations. This will enable complainants (and public sector bodies) to reach agreement on disputes swiftly and without huge expense.
BIS Contact
Adrian Brazier
Tel: 020 7215 1295
Email: adrian.brazier@bis.gsi.gov.uk
