I can't agree with the idea that the request is
invalid. The charity claim that they can infer consent for re-use by a response,
but surely that's a separate issue to whether you've received a written request
for information (which you have). I received a request with identical wording to
this and I responded. I wouldn't have been able to charge for the use of the
information because of what it was. Besides, a simple sentence which says
"Here's the information under FOI, and we refuse permission for re-use" would
surely have been valid. I don't agree with the Commissioner's Office view, but
given that they have no responsibility for the Re-Use regulations and have given
fairly daft advice about them in the past, I'm not surprised. Even if you get a resubmitted
request, they'll do the same thing they intended to with the information and you
probably won't notice.
This morning, I received an FOI request which is very
likely to be used in a tabloid story and probably won't be a very positive one.
Yesterday, I got one from a pressure group with a decidedly unsympathetic
attitude to local government. The information I provide is very likely to be
re-used and I suspect in a way that I or my employer would not be comfortable
with, but it's not exempt so there's no point thinking about it. Unless the
information is covered by copyright and has some commercial value (or is
something my employer would want the credit for), I think re-use is a red
herring.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
Tel: 01942 488354 (ext 8354)
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of David
Bridge
Sent: Thu 12 July 2007 15:08
To:
[log in to unmask]
Subject: FOI-
Re-use
Dear All,
I have received a FOI request
which contains the following clause:
"In providing this information you are agreeing for it to be
re-used in line with the charities aims and objectives"
I have confirmed with the Information
Commissioner that whilst the request is valid we do not have to accept request
with conditions attached. Therefore the request is not valid[ Ughh!!]. I have
replied to the requestor asking them to resubmit the request or confirm in
writing that they will comply with our re-use procedures.
I suspect that I may not be the only
one to have received this request so the above information may prove
useful.
Regards
David
Records Manager/Rheolwr
Cofnodion
Flintshire County Council/Cyngor Sir y Fflint
Freedom of
Information Act Contact Officer/ Swyddog Cyswllt y Ddeddf Rhyddid
Gwybodaeth
Education, Childrens Services & Recreation/Addysg a
Gwasanaethau Plant a Hamdden
Tel/Ffon 01352 702178
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