The EIR legislation does not allow copyright or licensing as an exemption reason and
The Information commissioners office has reinforced this and has made various decisions on appeal. In the code of Practise they say
"COPYRIGHT
17. Public authorities should be aware that information that is disclosed
under the EIR might be subject to copyright protection. If an applicant
wishes to use any such information in a way that would infringe
copyright, for example by making multiple copies, or issuing copies to
the public, he or she would require a licence from the copyright holder.
HMSO have issued guidance, which is available at
http://www.hmso.gov.uk/copyright/managing_copyright.htm or by
telephone on 01603 621000.
18. http://webarchive.nationalarchives.gov.uk/+/http://www.nationalarchives.gov.uk/documents/freedom-of-information-publication-schemes.pdf
Explains more fully the distinction between the supply of information held by
public authorities under Freedom of Information legislation and the reuse
of that information and those circumstances where formal licensing
is required."
The section 18 HMSO guide has a form of words for public bodies to issue to enquirers about limits on reuse of any data supplied (see its annex A).
Regarding making available we have an ongoing obligation under regulation 4 EIR to disseminate. In the ICO's code of practise we are told to encourage easy access and be proactive, not restricting ourselves to the minimum requirements.
Whilst neither the planning application publication system or an EIR request remove rights, use thereafter is highly dependent on what you want to do with the material and the limits of use. Some commonsense should be applied to referencing others material without plagiarising it or implying it can be relied upon professionally.
In theory making enquirers aware of other site investigation reports in the same area could generate better researched sites and could lead to more requests for report licences or assignments (but then again).
Martin Wright
Environmental Protection Practitioner
Cheshire West and Chester Council
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Paul Nathanail
Sent: 28 June 2011 16:42
To: [log in to unmask]
Subject: Re: Local Authority Data Requests
Dear all,
There is a difference between publically available and public; the previous post listed quite correctly why reports submitted as part of a planning application are made available - and that does not extend to being available for use by others carrying out their own desk studies. Indeed the licenses and permissions associated with third party information (see other threads today) also specifically exclude using someone else's report which you have obtained through the planning system.
Just because something can be done does not mean it is legal to do so.
Paul Nathanail
> -----Original Message-----
> From: Contaminated Land Management Discussion List
> [mailto:[log in to unmask]] On Behalf Of
> GARETH REES
> Sent: 28 June 2011 12:41
> To: [log in to unmask]
> Subject: Re: Local Authority Data Requests
>
> Hi All
>
> if they are submitted as part of a planning application or condition
> discharge they become public information and are subject to the
> Environmental information regulations.
>
> the re-use of the reports by someone would be covered by copyrights and
> the disclaimers within the report however anyone can ask for a copy of
> them if they are submitted to the LA
>
> Thanks
>
> Gareth Rees MGEOL (HONS) FGS
> Environmental Protection officer (Contaminated land and Air quality)
> Street Action Team
>
>
>
>
> Council Offices, Whitwick Road,
> Coalville, Leicestershire, LE67 3 FJ
>
> Switchboard 01530 454545
> Direct Line 01530 454615
> email: [log in to unmask]
>
> www.nwleics.gov.uk
>
> Note I currently work at North West Leicestershire District Council on
> Mondays Tuesdays and alternate wednesdays
>
>
> -----Original Message-----
> From: Contaminated Land Management Discussion List
> [mailto:[log in to unmask]] On Behalf Of Adam
> Czarnecki
> Sent: 28 June 2011 11:04
> To: [log in to unmask]
> Subject: Local Authority Data Requests
>
> I was a bit surprised to discover recently that a LA was offering as
> part of its data search copies of consultants/contractors site
> investigation reports.
>
> Is this common practice?
>
> Adam
>
>
> Adam Czarnecki
> Director
>
> McAuliffe Environmental
> Suite 1
> 8 Broomfield Lane
> Hale
> Altrincham
> Cheshire
> WA15 9AQ
>
> Mob: 07960 677677
>
> Tel: 0161 9287740
>
> www.mcauliffegroup.co.uk
>
> Company Registered Office:
> McAuliffe House, Northcott Road, Wolverhampton
> WV14 0TP
> Tel: 01902 354400
> Fax: 01902 491455
> Before printing this email, please think about the environment
> Registered in England No.01516566
>
>
> -----Original Message-----
> From: Contaminated Land Management Discussion List
> [mailto:[log in to unmask]] On Behalf Of Gill
> Nightingale MSc
> Sent: 28 June 2011 10:56
> To: [log in to unmask]
> Subject: Environment Agency Data
>
> I am not sure how to reply to add this message to the tread of emails I
> have received, so I am posting a new message. Appologies if this isn't
> the correct way of doing things.
>
> Many thanks for the info sent through. However, I am not looking to pay
> £100’s for a report, I am a start up company without much of a budget.
> I am just after a few datasets to use in a custom desk study. Also, I
> am a little confused, some posts seem to suggest that using the WIMBY
> data is OK, while others say that if its for commercial use I have to
> pay for it.
>
> I reread the terms and conditions on the website and they appear to
> specifically rule out any commercial use. What constitutes fair and
> reasonable use in a commercial setting??
>
> Thanks
>
> Gill
>
>
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