Hi – apols if this has been on the list before but I don’t recall seeing it recently – it was forwarded to me by someone else in the council – is this something we need to prepare for  – the free re-use of public sector information – what are the implications for archives and local studies libraries? I have this as a PDF if anyone prefers it that way.

 

Thanks, Kath

 

 

Local Authorities and other public sector bodies can look forward to a number of big changes,

when the amended EU Directive on the Re-Use of Public Sector Information comes into force in

January 2013. These changes will mean that Local Authorities have a mandatory obligation where

previously these requirements had been optional.

The European parliament have proposed a number of amendments to the EU Directive on the Re-Use

of Public Sector Information and the Information Policy Team, which is part of The National Archives,

and the policy lead for the UK Government is currently negotiating these proposed changes. The UK

government is seen as something of an exemplar in the EU owing to the speed and efficiency the UK

showed when the first Directive when was adopted in 2003.

It is expected that the amended Directive will be adopted in early 2013, from which time Local

authorities and the wider public sector will then have 18 months to ensure they have implanted these

changes.

There are five main proposed amendments which will be mandatory, and if passed the wider public

sector will be required to implement the changes 18 months from the date of adoption.

The changes which will be most relevant to local authorities are:

 

1. Re-use to become mandatory: Currently, allowing re-use of public sector information is largely

non-mandatory. The changes will mean that there will no longer be an option and it will

become compulsory for local authorities will be required to make all accessible information

available for re-use. The term accessible means any information that a local authority has

published or which can be released under access legislation such as the Freedom of Information

Act.

 

2. Charging to be Limited to Marginal Cost: Currently local authorities and other public sector

bodies are able to charge for the re-use of public sector information. However, proposed

amendments will require that charges for re-use will be limited to the marginal cost. Essentially

this means the amount it costs for the copying and supply of a document or data to a re-user.

More often than not this usually means that re-use will be free of charge, especially for

information held in digital form. Note: this will not affect any charges made under Freedom of

Information, the Environmental Regulations, the INSPIRE Regulations or other access legislation.

 

3. Widening the scope of the Directive: Currently cultural institutions such as libraries (including

university libraries), museums and archives fall outside the scope of the Re-Use Directive, the

change will bring these bodies in line with other public sector bodies.

 

4. Revenue Generating bodies. Public sector bodies which are required to generate revenue to

cover a substantial part of their costs will not be subject to marginal cost pricing;

 

5. Independent Regulator: establishing an independent authority as a means of redress and to

ensure compliance with the principles of the Directive.

 

To assist in the smooth implementation, the Information Policy Team at The National Archives are

hoping to run a number of workshops/seminars for local authorities and the wider public sector give

advice and guidance on how best to meet these new obligations and in licensing Public sector information.

 

Judy Nokes

Information Policy Adviser

The National Archives

26th July 2012.

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