Tony
My understanding is that the PSI Regulations are about the "re-use" of
public sector information in terms of reproducing the contents of a
document for commercial gain, not the use of it to make complaints etc.
The Regulations require public bodies to attach terms and conditions or
licences to information (usually documents) which can be re-used and
advise of any fees.
Your first scenario would be a DPA request and you do not have to say
why you want your personal data. Unless there was an ongoing fraud
investigation, I don't think there would be any exemptions to apply.
Your second scenario would be an FOIA request and there shouldn't be any
reason why you couldn't have the information if it is available. Again,
you do not have to state the reason you want the information.
My understanding is that it is not about the purpose for which you want
the information, it's purely about the terms under which you can re-use
the contents, e.g. terms of re-use of a publication might be "You may
re-use this document/publication free of charge in any format or medium.
You must re-use it accurately and not in a misleading context. The
material must be acknowledged as [insert name or copyright owner]
copyright and you must give the title of the source
document/publication. Where we have identified any third party
copyright material you will need to obtain permission from the copyright
holders concerned. This document/publication is also available on our
website at...].
Hope this helps.
Julie Gibbs
Information Officer, ICT
Crewe & Nantwich Borough Council
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Crewe and Nantwich - A Good Council - and that's official!
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Smith, Tony
Sent: Thursday, June 16, 2005 5:17 PM
To: [log in to unmask]
Subject: [data-protection] SI 2005 No 1515
Sorry to keep on about this but, has anyone figured out what the above
SI means? It seems to be saying that someone can ask for information
under the DPA or FOIA and there will be two decisions made. One is
whether they can have it and the other is whether they can use it for a
set purpose. I must be missing something but the following (extreme)
hypothetical situations occur to me:
1. I am having problems with the rent departrment of the council. I am
on housing benefit and believe my rent account is up-to-date. I apply
for my HB records. The council decides that I can't have them and, even
if I could, they could not be used in an argument with the rent
department. I would have to appeal to the IC to get the records and
then to OPSI to use them.
2. I am a black person with a child. The school next door to my house
has an average pass rate of 8 GSEs each year but only has white pupils.
I am aware that roughly 1/2 the kids in the area are black. I apply for
records about how many white and black kids there are in the area and
how many of each group attend schools where 8 or more GSEs are obtained
on average. I want this information to complain about racism within the
school admissions policy (we are assuming that I am not entitled to the
information under any race/education or other legislation other than
FOIA). The council say that I can't have the information and, even if I
could, I could not use it in the complaint. I would, yet again, have to
go to the IC and OPSI with two different complaints.
Has anyone come up with a better explanation of what the SI means?
Having read it (and the explanatory memorandum) a number of times I am
getting increasingly confused.
Tony
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