The
Re-use of
Public Sector Information (PSI) Regulations implements a
European Directive and provides a framework for the re-use of
Public Sector information. The Regulations came into effect on 1
July 2005.
'Re-use' means any use of the information other
than for the purpose the document was originally produced. The
Council may allow re-use in accordance with the
Regulations.
Links with Freedom of Information Act
The supply of information under the
Freedom of Information Act (FoIA),
Environmental Information Regulations or the Data Protection Act
does not give the recipient the automatic right to re-use it.
Nothing in the Re-Use Regulations affects rights of access under
FOIA.
Basics of the Regulations
A person may make formal request to re-use a
document. The application procedure is set out below. The Council
will consider your request and try to repsond to you in 20 working
days. If the request is refused, you will be informed why. You may
complain about the refusal of a request. The supply of documents to
you does not give you a right to re-use them in a way that would
infringe
copyright,
for example, by making copies, publishing and issuing copies to the
public or to any other person. Extracts of any of the material may
be reproduced without our permission, under the fair dealing
provisions of the Copyright, for example for the purposes of
research, for non-commercial purposes or private study. Wider
re-use, however, requires permission.The Council may choose to
allow re-use under licence, imposing conditions on the re-use to
ensure it is not used in a way that is inconsistent with our
copyright; the Council may also decide to charge a fee.
Making an application to re-use information
A request to re-use a document must:
- be made in writing.
- state your name and correspondence
address.
- specify the document/information you want to
re-use.
- state the purpose for which the information is
going to be re-used.
You can also use the Application form for
re-use of Public Information Licence (PDF: 38Kb / 3 pages)
All requests should be sent to:
The Director of Legal and Corporate
Services
Town Hall
Penrith
Cumbria
CA11 7QF
You can also send your request via email to
foi@eden.gov.uk
The Council will
- respond to your request within 20 working days
by;
- Making available the document for re-use,
or
- Advising you of the conditions under which the
information may be re-used, or
- Refusing the request
Should the request prove to be extensive or
complex the 20 day deadline may be extended. Requests maybe refused
if the document contains content which is owned by a third party;
the content of the document is exempted under the FOIA or supplying
the document falls outside the public task of the Council. Some
information will be reusable without charge. A licence fee may be
required in some circumstances. The response to your request will
set out any conditions for the re-use of the information. There are
2 forms of licence, one were a fee is payable and the other where
there is no fee payable.
There is no standard charge and any charge will
be decided on a case by case basis.
Information Asset List
An information
asset list
is required to be kept by the Council. This list details where
permission has been granted for the re-use of information and the
type of information that permission has been given to be
re-used.
Complaints
Should you wish to make a complaint about the way
the Council has managed your request for re-use of information,you
may make a complaint using the
Council's Complaints Procedure.
If you are not satisfied with the outcome of this course of action,
your complaint can then be taken to the
Office for Public
Sector Information (OPSI). Representations to OPSI must
- Be in writing
- State the nature of the complaint
- Include a copy of the written response from
the Council regarding the outcome of the complaints procedure
- Be lodged with OPSI no later than 28 working
days from the date you received the Council's response to your
complaint.
The contact details for the Office of Public
Sector Information are:
The Standards Division
Admiralty Arch
North Side
The Mall
London
SW1A 2WH
