Harrogate Borough Council
Menu
Reuse of Public Sector Information
Guidance on the regulations and how to make a request to re-use Harrogate Borough Council's information under the Re-use of Public Sector Information Regulations.
From 1st July 2005 a new European Directive comes into
force. The new directive allows people to apply to re-use
information held by the Council.
'Re-use' means using the information for a purpose other than
its original intended use. This could include a commercial purpose.
This page explains how you can make a request to re-use information
and how the Council will deal with requests. You can also
view Harrogate Borough Council's Policy on the Re-Use of
Public Sector Information.
The new directive does not provide access to the information
itself. That is available through the Freedom of Information Act
2000, Data Protection Act 1998 or other access to information
regimes such as the Environmental Information Regulations.
How do I make a request to re-use information?
When applying to re-use information you must fully complete
the application
form available on this website.
The Application should be completed and returned to:
Information Law Officer,
Legal Services
Harrogate Borough Council,
Council Offices
Crescent Gardens
Harrogate
HG1 2SG
Alternatively please email foi@harrogate.gov.uk
Does the Council have to respond within a set time?
Yes. We must respond to your request within 20 working
days. Sometimes it may be necessary to extend the time limit.
Where this happens we will tell you before the end of the 20
working day deadline why we are extending the time limit and the
date on which we expect to be able to respond.
Responding to a request means:
- making the requested document available for re-use, or
- where conditions are attached to the re-use, finalising the offer to you of the conditions on which re-use will be permitted, or
- refusing the request
Will I always be granted permission to re-use documents?
Not always. The regulations allow us to refuse requests for
one or more of the following reasons:
- the document contains information in which intellectual property rights are owned by a third party. An example of this would be architectural drawings which the Council has commissioned from an architect who retains the copyright;
- the content of the document is exempt from disclosure under the Freedom of Information Act 2000;
- the document falls outside of the Council's statutory functions.
Will I be told why you have refused to let me re-use the information?
Yes if we refuse your request for re-use we must inform you in
writing of the reason for refusal. We must also advise you of your
right to an internal review and right to appeal.
Where the refusal is because intellectual property rights are
owned by a third party we have to tell you who owns the relevant
intellectual property rights, where we know that information; or
the name of the person from whom we obtained the document.
Processing requests for re-use
Where possible we will process your request electronically and
also make the documents you wish to re-use available
electronically. However, we do not have to create or adapt a
document in order to comply with a request for re-use; nor are we
required to provide an extract from a document where it would
involve disproportionate effort. We also do not have to
continue to produce a certain type of document just so that someone
else can re-use it.
Will I be able to re-use information in any way I choose?
No. Sometimes we will impose conditions on re-use. Where
we do this, the conditions will be imposed by Licence, but they
will not unnecessarily restrict the way in which a document can be
re-used, or restrict competition. For an example of the
Licence you will be required to sign pleaseclick on the following
link. Form of Licence
What happens if someone else wants to re-use the same information?
We cannot discriminate between two applicants who request the
same information. Both requests have to be dealt with.
We cannot grant you exclusive rights to re-use the
information, except where the arrangement is for the provision of a
service in the public interest. If you are granted exclusive
rights, these will be reviewed every 3 years and the details of the
exclusivity agreement may have to be published on our
website.
Will I have to pay for re-use information?
You may have to pay. We can charge for allowing re-use,
but we are not allowed to charge more than it costs us to provide
the information, other than allowing a reasonable return on our
investment.
If you ask, we can provide a breakdown of how charges have
been calculated.
Refusals
Should a request to re-use information be refused, we
will:
- give the reasons for refusal in writing;
- explain our complaints procedure and other forms of appeal in our letter; and
- if the refusal is based on the copyright and/or intellectual property rights being owned by a third party, we will identify that third party where they are known.
What happens if I'm not happy with how you have handled my request?
You can ask for an internal review of the decision through our
complaints procedure. To do this you should write to:
Information Law Officer
Legal Services
Harrogate Borough Council
Council Offices
Crescent Gardens
Harrogate HG1 2SG
Email: foi@harrogate.gov.uk
Following the outcome of the internal review if you are still
unhappy you can write to The Office of Public Sector Information
at:
OPSI Standards Team
Room 1.35
Admiralty Arch
North Side
The Mall
London
SW1A 2WH
Room 1.35
Admiralty Arch
North Side
The Mall
London
SW1A 2WH
Tel: 020 7276 5217
Fax: 020 7276 5207
Fax: 020 7276 5207
Or by accessing the OPSI website and completing an on-line
contact form at:
OPSI is required to publish details of how it will deal with
complaints. In certain circumstances, in relation to complex cases
they may require you to pay a £500 non-refundable deposit.
Any appeal to OPSI must be lodged before the end of 28 working days
from the date you were advised by us of the outcome of our internal
review.
What happens if I'm not happy with how OPSI have dealt with my complaint?
You can complain to the Advisory Panel on Public Sector
Information (AAPPSI).
Your appeal must:
- be in writing
- state the nature of the appeal
- include a copy of the decisions of OPSI and the Council
- be lodged with AAPPSI before the end of 28 working days from the date you were informed by OPSI of the results of their review
AAPPSI can be contacted at:
Advisory Panel on Public Sector Information
1.35 Admiralty Arch
The Mall
London
SW1A 2WH
1.35 Admiralty Arch
The Mall
London
SW1A 2WH
or phone or fax them on:
Tel: 020 7276 5216
Fax: 020 7276 5207
Fax: 020 7276 5207