Consultation on the new draft code of practice on datasets

The Cabinet Office is consulting on a new code of practice on the new provisions in the Freedom of Information Act inserted by the Protection of Freedoms Act that enhance the right to data. These new provisions on datasets will be commenced in April 2013. The Code of Practice (datasets) will sit alongside the existing Section 45 Code of Practice on the Freedom of Information Act.

The public have always been able to request datasets under the Freedom of Information Act however, provisions relating to their disclosure and re-use conditions have developed in a piecemeal way. The aim of the new provisions in the Act is to consolidate the complex landscape around the release of datasets for use and re-use and for this new code to make public authorities aware of their new responsibilities, to reduce potential confusion and bring clarity to what is expected of public authorities undertaking their new duties.

This new draft Code of Practice (datasets) aims to make it clear as to what is meant by the terms set out in the new provisions in the FOI Act. For example, what is meant by “an electronic form which is capable of re-use” or a “re-usable format” for the purposes of the Act. Over the last few months, the Cabinet Office has prepared this draft alongside the Ministry of Justice, the National Archives and the Information Commissioners Office. As committed to in the Open Data White Paper, we are now holding an online consultation to hear your views and comments on where the code can be improved or expanded upon so it provides the best guidance possible to public authorities who will in future rely on it as they carry out their new duties. 

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The new draft code also outlines the licensing framework in which public authorities must use when making their datasets available for re-use. Together with the Open Government Licence, which the draft code encourages public authorities to use, and the Non-Commercial Government Licence, a new licence has been drafted for potential use by public authorities that have reason to charge for the re-use of the dataset they hold or produce. This new licence, it’s working title the ‘Charged Licence’ will form a suite of ‘specified licences’ provided for in the new datasets provisions of the FOI Act. The National Archives today published the licence in beta form and alongside the consultation for the new Code of Practice (datasets) and they are interested in receiving comments on the licence as to whether the simplified terms and conditions adequately meet the requirements of licensors and re-users alike, as well as feedback on the working title of the new licence.

The consultation ends on 10th January 2013. Responses can be submitted online or sent to transparency.strategy@cabinet-office.gsi.gov.uk

Comments on the beta licence should be sent to the Information Policy Team at the National Archives at psi@nationalarchives.gsi.gov.uk by 10 January 2013.

Commissioner marks International Right to Know Day

News release: 28 September 2011

Transparency speech marks International Right to Know Day

‘Transparency is not just about what the authorities choose to reveal to citizens; but what citizens have a right to ask to see,’ Information Commissioner, Christopher Graham, said today, in a speech to mark International Right to Know Day 2011.

Information Commissioner, Christopher Graham, said:

“We need to ensure that there is no gap between the right to know rhetoric and the reality of a ‘don’t tell ‘em’ mentality that all too frequently frustrates the citizen.

“I believe that an active and independent ICO can help make a practical reality of the transparency agenda. Not just supporting the direction of travel, but helping to reach a common goal. Delivering a Right to Know 2.0. The reality, not just the rhetoric. The difference between seeing it through - and seeing through it.”

In the course of the video address broadcast on YouTube, the Commissioner set out how the Information Commissioner’s Office (ICO) is already a key player in delivering an effective Right to Know; how his responsibility for both the right to know and the right to privacy enables the ICO to assess where the public interest lies when rights appear to be in conflict; and why the ICO should be an essential partner in delivering the much trumpeted transparency agenda through to practical reality.

Mr Graham also today launched a public consultation on the content of publication schemes – the documents that specify what information public authorities must release proactively.

Speaking about the consultation, he added:

“We will want feedback, not just from public authorities but from members of the public. Our questions will include asking what further classes of information or further detail can be included in publication schemes? And how should publication schemes evolve in light of new technologies?”

Other topics covered in the Commissioner’s speech on the state of information rights in the UK include:

• New technologies – the Commissioner says it is ‘vital that the FOI regime responds to the new demand for information online.’
• Unstructured data – Mr Graham states that unstructured information – such as emails and memos – are ‘important in delivering accountability and holding public authorities to account.’
• Service delivery changes – The Information Commissioner warns that ‘contracting out and the involvement of new providers…must not reduce the citizen’s right to know.’
• The ‘balance’ between transparency and privacy – Mr Graham makes clear that ‘just saying there’s a balance doesn’t itself strike the balance. The decisive factor must be a sober assessment of the competing interests...and privacy shouldn’t always be claimed as a barrier to transparency.’
• Anonymisation – The ICO is developing a code of practice on anonymisation under section 51 of the Data Protection Act.
• Protection of Freedoms Bill – the Commissioner gives the ICO’s view on the information rights aspects of the proposals, including DNA profiling, CCTV and vetting checks.

Press release here. 

Transcript of the Commissioner's speech here (pdf).

Consultation document on revising publication schemes here (pdf).

Scottish Information Commissioner launches consultation on publication schemes

The Scottish Information Commissioner is consulting on a fresh approach to publication schemes.

The Commissioner is seeking views on a proposal to introduce a single model publication scheme, suitable for adoption by all Scottish public authorities. The new approach would require authorities to formally notify the Commissioner that they had adopted the model, and to produce a detailed guide to information, to help the public find publications.  It is proposed that the Commissioner's staff would focus their effort on monitoring compliance with the model. Authorities who felt they could not adopt the single model would be invited to submit their reasons to the Commissioner for consideration.

The consultation is aimed at:

• public authorities who must comply with the duty to adopt a publication scheme;
• members of the public who may use schemes to access published information; and
• anyone with a general interest.

Download the consultation paper and response form with consultation questions here. NOTE: you must complete the 'Consultation Response Form' and submit this with your consultation questions responses.

Responses must be sent to Sarah Hutchison, Head of Policy and Information, Scottish Information Commissioner's Office, Kinburn Castle, St Andrews KY16 9DS, or email to publicationschemes@itspublicknowledge.info

The deadline for responses is 29 October 2010.

Police sector publication scheme monitoring: follow-up report

In March 2010, the ICO published a second publication schemes monitoring report looking at police forces and police authorities (the first report looked at central government). A brief follow-up report has now been produced, which looks at developments since the publication of the main report.

The most disappointing aspect of our findings was that out of the 90 authorities monitored some 26 (or approximately 30%) were found not to be operating an approved publication scheme. We found various reasons for this. These included missing a class of information out of their adopted scheme (therefore only publishing six classes of information rather than the seven in the model scheme), using an old scheme which was no longer approved and not having any sort of publication scheme in operation.

When the fact that they were not meeting their legal obligations was pointed out to these authorities, most responded in a positive manner and took steps to meet the requirements imposed by s19 of FOIA. As a result of this by the end of June 2010 all but Northumbria Police Authority, Staffordshire Police Authority and Merseyside Police Authority (in this last case a class of information was missing) were operating an approved publication scheme.
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For all the authorities we checked (who were operating an approved scheme) we wrote to them with our findings and recommendations. The feedback that we have had from this was often from senior level staff (including from Chief Constables) and has on the whole been very positive.

At the same time a few issues have been identified where some public authorities thought that we had not been fair to them.

Nottinghamshire Police insisted that they did respond to our request for information. Unfortunately (and as we said in the original report) we did not receive this response. Humberside Police Authority got in touch with us to ask that we make it clear that they do recognise the difference between responding to an application for information from their scheme and dealing with a full FOI request. We are happy to do this.

Publication Schemes Police Sector Monitoring Report March 2010 here (pdf) 

Follow-up report here (pdf).

ICO report on central govt compliance with model publication scheme

The Information Commissioner's Office has published a report monitoring central government's adoption and operation of the ICO model publication scheme which came into effect on 1 January 2009.

Some of the report's key findings were:

• less than three quarters of the authorities monitored in this sector have adopted the model publication scheme. It is of serious concern to the ICO that eight authorities are in breach of the Freedom of Information Act 2000.

• thirteen authorities in the sector have published details of their charging arrangements for routinely available information on their websites, however not all have policies that conform to ICO guidance.

• the greatest area of non-compliance with the requirements of the model scheme across the central government sector, with a limited number of exceptions, is in relation to the proactive release of financial information.

• the proactive release of information relating to contracts awarded and their value has generally been very poor. Only a very small number of authorities make information available on both.
  

• very few monitored authorities make available any detailed information relating to senior staff allowances and expenses.

• only 3 of the authorities monitored in the sector make both the minutes and their associated agendas and papers routinely available. They are the Northern Ireland Assembly, National Assembly of Wales and the Department for International Development. We note with concern that a number of authorities make neither the minutes nor the relevant papers routinely available.

• we included the proactive release of an authority’s register of hospitality and gifts in the monitoring exercise as an indicator of their transparency and openness. Whilst we presume that organisations in the sector collate this information for their own purposes, our monitoring revealed a minority make this information proactively available.

ICO press release here
Central Government Sector Monitoring Report here.

ICO to check public authorities' publication schemes

Press release
3 April 2009

The Information Commissioner’s Office (ICO) has begun monitoring public authorities to ensure they are complying with the model publication scheme, which came into effect on 1 January 2009, under the Freedom of Information Act (FOIA).

Under the Act, authorities must adopt a publication scheme so that people can easily identify the types of information that will be routinely disclosed. The model scheme also reduces administration for public authorities and helps transparency. From today the ICO will check websites to ensure that the scheme is being adhered to.
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Assistant Information Commissioner, Gerrard Tracey said: “The vast majority of public authorities take their freedom of information responsibilities seriously and this new approach will support those who do. Unfortunately some do not, and in cases of systemic non-compliance we will use the powers available to us, which include enforcement action, to insist on adherence to the requirements of the Act.”

The ICO will initially contact authorities to highlight areas of non-compliance and work with them to seek an informal resolution. The ICO takes a responsible approach to enforcement action and this will be considered after serious or repeated non-compliance, failure to adopt a publication scheme or to make information available in accordance with it.

Full press release.