Trust information can be requested under the Freedom of Information Act. However, providing access to information does not give an automatic right to re-use it. ‘Re-use’ can include publishing information or issuing copies to the public.
Examples might be private sector companies wanting to re-publish our documents on their website as part of a commercial service or wanting to publish our images in commercial publications.
The Public Sector Information Regulations provide a framework for public sector organisations to licence the re-use of their information, including the possibility of levying charges for re-use.
When we release information to you that you have requested under access to information legislation (such as the Freedom of Information Act), you may ask if you can re-use the information, perhaps for commercial purposes. Without the necessary permission, you can breach our copyright. It is this situation with which the regulations are concerned.
Nothing in the regulations affects the rights of access under other legislation, such as Freedom of Information.
We are not obliged under the regulations to make public sector information available for re-use, but if we do so, it must be done in accordance with the regulations. In these circumstances, the regulations place the following obligations on us:
- We have 20 working days in which to respond to a request for re-use. This period may be extended where the request is extensive or complex
- A licence fee can be issued if we do not wish re-use to be free
- A licence must not restrict competition
- Exclusive licensing arrangements will not be allowed, except for the provision of a service in the public interest. Such arrangements will be published
- We should make available to the public our conditions for re-use and any standard charges for re-use
- Information for re-use should be made available electronically where possible and appropriate
- We must not discriminate between applicants making requests for re-use for comparable purposes