A Consultation on Data Policy for a Public Data Corporation

8/6/2019 A Consultation on Data Policy for a Public Data Corporation

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A Consultation on DataPolicy for a Public Data

Corporation

August 2011


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Contents

Ministerial foreword ............................................................................................................... 5

Executive summary ................................................................................................................ 6

How to respond ...................................................................................................................... 9

1. Open Data and the Public Data Corporation ............................................................... 10

2. Existing policy and regulatory framework ..................................................................... 14

3. Public Data and approach to access and release .......................................................... 18

4. Charging for Public Data Corporation information ..................................................... 20

5. Licensing ............................................................................................................................ 27

6. Regulatory oversight ........................................................................................................ 32

7. Annex AGlossary of terms .......................................................................................... 34

8. Annex BList of acronyms ............................................................................................. 35

9. Annex CList of consultation questions ...................................................................... 36


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Ministerial foreword

Francis Maude, Minister For Cabinet

Office

Edward Davey, Minister forEmployment Relations, Consumer and

Postal Affairs, Department forBusiness, Innovation and Skills

We announced in January our plans toestablish a Public Data Corporation (PDC)and set out the vision and objectives for anorganisation that would bring together datarich bodies, providing easier access to publicinformation.

This consultation document takes the nextstep by engaging data users, and the publicmore generally, to consider some of theimportant data policy questions that need tobe decided in order to successfully establish aPDC later this year. Here we are

endeavouring to be as transparent as possiblein engaging with data users in some of theearly decisions that will inform the strategicdirection of a PDC.

Importantly, the questions on charging forinformation focus on balancing the PDCobjectives of making more data more freelyavailable, including some for free, withensuring that there is a sustainable business

model for PDC. It is critical that we haveyour views to help guide us in making choicesthat will help determine the business model,membership and structure of a PDC.

This consultation should also be read inconjunction with Making Open Data Real: apublic consultation being published byCabinet Office. A PDC will operate in thenew context that the consultation is shapingand will reflect many of the key aims of this

consultation.

The creation of a PDC will be an importantstep in opening up government data so thebenefits can be felt in the wider economy. Aswell as providing opportunities for greaterefficiencies within the public sector throughmore collaboration and sharing of data, aPDC will also deliver improved access todata for developers, business and membersof the public leading to more opportunities

to develop innovative products and services.These opportunities will be further expandedin the work of the Growth Review over thesummer being led by BIS and HMT.

Francis Maude Edward Davey


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Executive summary

The Governments overall approach to

Transparency is being set out in MakingOpen Data Real: a public consultation1.Transparency across government and publicservices is a powerful lever for a whole rangeof positive outcomes: increasingaccountability, building public confidence ingovernment bodies, stimulating efficiencygains within the public sector, promotinggreater citizen engagement and stimulatingeconomic growth.

It is recognised that there are vastopportunities to support these outcomes inmaking the data that public sectororganisations collect more freely available.Government is exploring what more it cando to maximise the growth opportunitiesfrom this data as part of the second phase ofits Growth Review2. More broadly the OpenData consultation makes a series ofproposals aimed at establishing a culture of

openness and transparency in public services,including enhancing a Right to Data and howpublic service providers might be held toaccount for delivering Open Data.

In January this year, Government announcedits intention to create a Public DataCorporation (PDC). This would bringtogether data-rich organisations with theaims of:

providing a more consistent approachtowards access to and accessibility ofpublic sector information, balancing thedesire for more data free at the point ofuse whilst ensuring affordability and valuefor taxpayers;

1 Making Open Data Real: a public consultation;

Enabling Open Public Services and a meaningful Right

to Data2HMT Growth Review Phase 2

creating a centre of excellence drivingfurther efficiencies in the public sector;and

creating a vehicle that can attract privateinvestment.

Government believes that a PDC will providestructures and incentives to promote greateraccess to, and usage of, public data andinformation, delivering benefits for the widereconomy. There are also significant

opportunities to drive efficiency andimprovement of public services throughbetter sharing of key data betweenorganisations.

The Government has already made progresstoward the establishment of a PDC, throughbringing under single departmentalsponsorship three organisations that maypotentially form part of a PDC: HM LandRegistry, Met Office and Ordnance Survey. A

Transition Board has been established whichwill oversee the establishment of a PDC bythe end of 2011.

Consultation

In order to take decisions on membership,strategy and structure of a PDC it is criticalthat Government is clear about the datapolicy framework that will apply. Thisconsultation explores questions on key

aspects of data policycharging, licensingand regulation of public sector informationproduced by the PDC for re-usethat willdetermine how a PDC can deliver against allits objectives. The responses to thisconsultation will enable Government toreflect on an appropriate policy frameworkbefore consideration of the business case anddecisions on membership and structure of aPDC are taken in the autumn.

This consultation considers questions aroundthe data policy that will apply to the PDC and
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its constituent parts. Throughout the rest ofthe document we refer to PDC information,which we define as:

The objective, factual, non-personaldata and information which iscollected and generated within thePDC or its constituent parts.

Existing Policy and LegalFramework

A PDC will comprise public sectororganisations which are subject to therequirements set out in HM Treasurys

publication Managing Public Money. Theseentities are also subject to the existing policyand regulatory framework for releasing andre-using information held by public sectorbodies (excluding personal information)which are driven by:

Crown copyright and Crown databaserights;

Re-use of Public Sector Information

Regulations 2005 (PSI Regulations); andThe Information Fair Trader Scheme(IFTS).

The extent to which these regulations andpolicies apply individually, and in combination,differ for different public sector bodies. It islikely that within PDC all will apply to somedegree, depending on the ultimate structureand classification of PDC or its constituentparts.

Access and Release

In order to better exploit public data, userswhether businesses or citizensneed to beable to access it. Progress has been made in anumber of areas already in terms ofdeveloping a Data Set Inventory and usingrecognised standards. The Open Dataconsultation is consulting on an enhancedRight to Data which covers many of the

issues on access and release and an approach

on these issues taken by a PDC will need toreflect any new developments.

Charging

A PDC is likely to include some of the smallnumber of public sector organisations whichcan charge for data and information. In orderto balance Governments objectives around

increasing access to data, making more datafreely available year on year, considerationsof affordability and the potential need toattract external capital, it is likely that amixed charging model will be needed forPDC i.e. some data available for free, some

charged for. The Governments aim for aPDC is to ensure that charging is fair andtransparent, and that the appropriateincentives are in place to encourageincreased access to and release of data,where possible at lower or no cost.

The consultation considers three broadoptions for charging for data:

Status quo plus commitment to

free: under this option bodies within aPDC would continue to operate underthe existing legal and policy framework,but with a commitment to make moredata available free for re-use;

Harmonisation and Simplification:under this option some data would bemade available for free; for all PDCinformation within the public task (seePara 3.8), there would be a single price

for a particular unit of PDC informationand this price would apply to all uses ofthe information; there would be an abilityto charge full cost plus an appropriaterate of return for PDC information andservices outside the public task; and

Freemium: this model is most oftenused in software and web-based servicesand works through a basic-level freeoffer, while charging for advanced

features, functionality or relatedproducts.


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Licensing

The Government is seeking views on ways inwhich licensing of PDC information can be

simplified and streamlined in order toremove barriers to accessing and re-usinginformation. The options set out in this paperwould only apply to PDC information whichwould be charged forall data madeavailable free for re-use would be availableunder the Open Government Licence (OGL).The three options elaborated on are:

Use-based model with commonoverarching principles and guidelines

based on those set out in the UKGovernment Licensing Framework(UKGLF), but constituent parts of PDChave their own licences;

PDC-wide single overarchingagreement with a single genericoverarching set of common terms andconditions, with supplementary licences

and schedules specific to user/dataset inquestion; and

PDC-wide model based on a singlelicence incorporating all possiblevariations specific to user/dataset inquestion.

Regulatory Oversight

In creating a PDC, and achieving a balance

between its stated objectives, it may be thatadditional regulatory or policy oversight willbe required. This consultation considers theregulatory challenges that the creation of aPDC may bring.


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How to respond

This publication is availableonline.

When responding, please state whether youare responding as an individual orrepresenting the views of an organisation. Ifyou are responding on behalf of anorganisation, please make it clear who theorganisation represents by selecting theappropriate interest group on theconsultation response form and, whereapplicable, how the views of members wereassembled.

For your ease, you can reply to thisconsultation either by participating in anonline survey, or completing theConsultation Response form, a copy of whichis availableelectronically

How to make a complaint

Complaints or comments on theconsultation process:

If you have a complaint or comments on theconsultation process itself, please contact:

Karen West

Cabinet Office

Finance and Estates Management

Rosebery Court

Norwich

NR7 0HS

Email: [email protected]

Handling of Information from

Individuals

The information you send may need to bepassed to colleagues within Government, andmay be published in full or in a summary ofresponses.

All information in responses, includingpersonal information, may be subject topublication or disclosure in accordance withthe access to information regimes (these areprimarily the Freedom of Information Act

2000, the Data Protection Act 1998 and theEnvironmental Information Regulations2004). If you want your response to remainconfidential, you should explain whyconfidentiality is necessary and your requestwill be acceded to only if it is appropriate inthe circumstances. An automaticconfidentiality disclaimer generated by yourIT system will not, of itself, be regarded asbinding on the Department. Contributions to

the consultation will be anonymised if theyare quoted.

Individual contributions will not beacknowledged unless specifically requested.
http://discuss.bis.gov.uk/pdc/http://discuss.bis.gov.uk/pdc/http://discuss.bis.gov.uk/pdc/https://www.surveymonkey.com/s.aspx?sm=H3qOAN6dM%2f9eeDTTF%2blIFw%3d%3dhttps://www.surveymonkey.com/s.aspx?sm=H3qOAN6dM%2f9eeDTTF%2blIFw%3d%3dhttp://discuss.bis.gov.uk/pdc/http://discuss.bis.gov.uk/pdc/http://discuss.bis.gov.uk/pdc/mailto:[email protected]:[email protected]://discuss.bis.gov.uk/pdc/https://www.surveymonkey.com/s.aspx?sm=H3qOAN6dM%2f9eeDTTF%2blIFw%3d%3dhttp://discuss.bis.gov.uk/pdc/


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1.Open Data and the Public Data

CorporationThis chapter sets out the

vision for a Public Data

Corporation (PDC), its aims

and the remit of this

consultation on data policy.

1.1. The Governments overall approach

to Transparency is being set out in the OpenData consultation. Transparency across

Government and public services is a powerfullever for a wide range of positive outcomes:increasing accountability, building publicconfidence in government bodies, stimulatingefficiency gains within the public sector,promoting greater citizen engagement andstimulating economic growth.

1.2. It is recognised that there are vast

opportunities to support these outcomes inmaking the non-personal data that publicsector organisations collect more freelyavailable. We are moving into an economywhere the potential for the use of publicsector data is increased and where there isan expectation that data will be more freelyavailable. Today, governments, businesses,and individuals around the world aregenerating, capturing and using enormousamounts of data and information. In theprivate sector this data is already exploitedto provide better services to individuals andto develop new market opportunities.

1.3. Government is exploring what moreit can do to maximise the growthopportunities from this data as part of thesecond phase of its Growth Review. Morebroadly the Open Data consultation makes aseries of proposals aimed at establishing aculture of openness and transparency inpublic services including enhancing a Right to

Data and how public service providers mightbe held to account for delivering Open Data.

1.4. Public sector organisationsthemselves are becoming data richorganisations. Organisations ranging fromschools, hospitals, mapping agencies, weatherforecasters, justice agencies, localgovernment and land registries, are collecting

and storing ever greater amounts of datawhich they need to fulfil their core role andfunctionsthis is known as public data, orsometimes public sector information. Forexample:

In April 2011, in one month alone, 235terabytes of data were collected by the USLibrary of Congress3. In the UK, the MetOffice archives 10 tera bytes of data daily.

1.5. This is a powerhouse of material thathas the potential to create significant socialand economic value for global economiessuch as our own, as well as empower citizenswith the ability to hold public institutions toaccount and take more control over theirown choices.

Public Sector Information

1.6. Many thousands of public sectororganisations, from the smallest LocalAuthority to the biggest governmentdepartment, collect data and information onbehalf of citizens. Public data is used by alarge range of organisations and groupsgovernment departments, private companies,the developer community and citizens - tofulfil their core role and functions. In terms ofcitizens using the data, this is usually in the

3US Library of Congress
http://www.loc.gov/webarchiving/faq.html#faqs_05http://www.loc.gov/webarchiving/faq.html#faqs_05http://www.loc.gov/webarchiving/faq.html#faqs_05http://www.loc.gov/webarchiving/faq.html#faqs_05


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form of products which have been tailored totheir needs (i.e. weather forecasts asopposed to data on weather observations),whereas specialist private sector

organisations, developers and not-for-profitorganisations might be using the raw dataitself. Many public sector organisations whichcollect data, release both raw data as well asvalue-added data and products tailored tospecific audiences.

1.7. The majority of this public data iscollected by Government as a by-product ofpublic sector delivery e.g. agencies anddepartments responsible for health,

education, transport and criminal justice. Thetypes of public data collected include:performance data, routine and clinical auditdata in the health sector, pupil level data inthe education sector, and offender-level datain the criminal justice system.

1.8. However, for a small number oforganisations their primary purpose iscollecting, managing and disseminating dataand providing value-added services based on

that data. These include household namessuch as the Met Office and Ordnance Survey,which have a long heritage, and haveextensive historical databases.

1.9. Their public data is often a form ofpublic infrastructure extensively used bya wide range of organisations in the publicand private sectors and in civil society andcan be uneconomic, inefficient and in somecases impossible for other organisations to

duplicate. It is also data which is essential toother public good services such as the

emergency services.

1.10. Some of this data also forms essentialnational core reference data (such as

addresses, company numbers) which arewidely used by business and individuals asaccepted identifiers for physical and non-physical entities in the economy and widersociety.

1.11. In recent years, successiveGovernments have sought to improvedelivery of public services through openlypublishing public data. Sharing these datasets

has had as powerful an effect on thoseproducing it, as it has on those receiving it,and is helping drive out ineffective and costlypractices. The fact that this data is now moreaccessible has stimulated the development ofan information market.

Creating a Public DataCorporation

1.12. The Government recognises the

social and economic value generated by theuse of core reference data is best realised byaligning incentives of public sectororganisations to promote greater access to,and usage of, the data and information theyproduce. To this end the Governmentannounced it would create a PDC, by theend of 2011. This will bring together anumber of organisations, providing anopportunity to align the way they manage and

release public data for use and re-use.

PDC Objectives

The stated aims of a PDC are to:

provide a more consistent approachtowards access to and accessibility ofpublic sector information, balancing thedesire for more data free for re-usewhilst ensuring affordability and value for

taxpayers;

create a centre of excellence drivingfurther efficiencies in the public sector;and

create a vehicle that can attract privateinvestment.

1.13. The commitment to the creation of aPDC also recognises the significantopportunities for greater collaboration and


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sharing of data in order to improve deliveryof public services, particularly in the areas ofland and property, the environment andnatural hazards. These opportunities depend

on removing unnecessary barriers to theaccess, use and re-use of data created andheld in the public sector.

1.14. The objectives also recognise that itmay be necessary to consider ways ofattracting external capital investment intoorganisations within a PDC, or indeed into aPDC itself. This would secure investmentinto core data infrastructure, supportinginnovation and could realise value for the

taxpayer from valuable assets held by theGovernment.

1.15. Greater access to public data is likelyto depend on investment in infrastructure tomake access possible at the scale requirede.g. IT platforms which can provide quickerand easier access to data for the user.Currently public sector organisations do notalways have these types of systems in placeso additional costs are incurred to make data

available.

1.16. Policy on charging and licensing ofpublic data clearly has the potential to impacton the value of a PDC as a whole and/or onits constituent parts, with consequences onthe ability of a PDC to attract externalcapital. A PDC is about balancing theseobjectives and defining a sustainableoperating model and overarching data policyframework that will deliver against all of

them.

1.17. The Government has already madeprogress toward establishment of a PDCthrough bringing under single departmentalsponsorship three organisations that maypotentially form part of PDC later this year:HM Land Registry, Met Office and OrdnanceSurvey. A PDC Transition Board has beenestablished which will oversee theestablishment of a PDC Board by the end of

2011.

1.18. In order to take decisions onmembership, strategy and structure of a PDCit is critical that Government is clear aboutthe data policy framework that will apply.

This consultation explores importantquestions on key aspects of data policy thatwill determine how a PDC can best deliveragainst all its objectives. The responses tothis consultation will enable Government toreflect on an appropriate policy framework,before consideration of the business case anddecisions on membership and structure of aPDC are taken in the autumn. At the time ofconstituting a PDC into a formal organisationwe will consider again the implications for

privacy and confidentiality needed in the datapolicy framework for a PDC.

1.19. The expectation is that the creationof a PDC will only apply to reserved matterswithin the UK.

Open Data and the costs ofCore Reference Data

1.20. The Open Data consultationproposes that Open Data is data which can

be freely used, re-used and redistributed byanyone. In relation to public services, OpenData means data available under the terms ofOGL. The presumption is that data aboutpublic services will be Open Data. It may bethat some data held in relation to publicservices is made available, but is charged for.

1.21. One of the key features of corereference data is the fact that its productionoften incurs high fixed costs which areincurred irrespective of the number ofdatasets produced or disseminated. As aresult, it is often more efficient for this typeof data to be captured once by a single bodywho releases that data to others.

1.22. The way that Government has soughtto cover those high fixed costs and to ensuresustainable investment in data infrastructurehas been to encourage public sector bodiesto licence their core reference data to thirdparties. In addition, the Wider Markets


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Initiative4 was designed to encourage themore intensive use of public assets, includingdata, through the development of new, non-statutory products and services which could

be sold on a commercial basis.

1.23. In setting up a PDC, the TransitionBoard will consider business models that bestbalance all three objectives of a PDC. Thequestions in this paper will help theGovernment consider how best to balanceaffordability considerations and theimplications for attracting external capitalinto a PDC with the ambition to releasemore data for free. However, this

consultation also addresses the otherbarriers to the use and re-use of publicsector information, such as licensing andissues around access and release.

4Wider Markets Initiative
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2.Existing Policy and Legal Framework

This chapter provides anoverview of the current policy

and legal framework within

which the specific questions in

later chapters should be

considered.

2.1. A PDC will comprise public sectororganisations which are subject to therequirements set out in HM Treasuryspublication Managing Public Money5. Theseentities are also subject to the existing policyand regulatory framework for releasing andre-using information held by public sectorbodies (excluding personal information)which are driven by:

Crown copyright and Crown databaserights6;

Re-use of Public Sector InformationRegulations 2005 (PSI Regulations)7; and

The Information Fair Trader Scheme(IFTS)8.

2.2. The extent to which these regulationsand policies apply individually, and incombination, differ for different public sectorbodies. It is likely that within PDC all willapply to some degree, depending on the

ultimate structure and classification of PDCor its constituent parts.

2.3. Responsibility for the overallmanagement of Crown copyright and Crowndatabase rights, the implementation of the PSI

5HMT's Managing Public Money

6Crown Copyright Information

7Public Sector Information Regulations

8Information Fair Trader Scheme

Regulations and the IFTS sits within TheNational Archives.

Managing Public Money

2.4. Managing Public Money explains thatthe norm is to charge at full cost for publiclyprovided goods and services, with chargesfor commercial services supplied intocompetitive markets being set at acommercial rate. Much information aboutpublic services should be made availableeither free or at low cost in the publicinterest. However, there are circumstanceswhere charges are made, including wherethere are statutory powers to charge.Public sector organisations can also chargefor information which recipients intend to re-use. Managing Public Money explains thatwhere data is supplied for re-use the norm isto charge at marginal cost. For value-addeddata, and for all information supplied by

trading funds, the norm is to charge at fullcost plus an appropriate rate of return.

Crown copyright

2.5. Information produced or held in thepublic sector is subject to intellectualproperty rights, in particular, Crowncopyright and Crown database rights. Thelicensing authority for Crown copyright anddatabase rights is The National Archives.

2.6. The vast majority of Crown materialis made available for free use and re-useunder the OGL. Crown bodies are notallowed to charge above the marginal costunless they seek, and are approved, anexemption from The National Archives.Many public sector information traders, forexample, UK Hydrographic Office andOrdnance Survey, are Crown bodies whichoperate their licensing activity under a full

delegation of authority from the Controllerof Her Majestys Stationery Office within The
http://www.hm-treasury.gov.uk/psr_mpm_index.htmhttp://www.hm-treasury.gov.uk/psr_mpm_index.htmhttp://www.hm-treasury.gov.uk/psr_mpm_index.htmhttp://www.nationalarchives.gov.uk/information-management/our-services/crown-copyright.htmhttp://www.nationalarchives.gov.uk/information-management/our-services/crown-copyright.htmhttp://www.nationalarchives.gov.uk/information-management/our-services/crown-copyright.htmhttp://www.legislation.gov.uk/uksi/2005/1515/%20contents/madehttp://www.legislation.gov.uk/uksi/2005/1515/%20contents/madehttp://www.legislation.gov.uk/uksi/2005/1515/%20contents/madehttp://www.nationalarchives.gov.uk/information-management/ifts.htmhttp://www.nationalarchives.gov.uk/information-management/ifts.htmhttp://www.nationalarchives.gov.uk/information-management/ifts.htmhttp://www.nationalarchives.gov.uk/information-management/ifts.htmhttp://www.legislation.gov.uk/uksi/2005/1515/%20contents/madehttp://www.nationalarchives.gov.uk/information-management/our-services/crown-copyright.htmhttp://www.hm-treasury.gov.uk/psr_mpm_index.htm


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National Archives. The norm for suchentities is to charge at full cost including anappropriate rate of return. The delegation ofauthority is issued on the basis that

organisations comply with the principles ofthe IFTS and adhere to the PSI Regulations.

Public Sector Information

Regulations

2.7. The PSI Regulations also establish anumber of principles and standards for publicsector bodies which make their informationavailable for re-use. The PSI Regulationsdefine which bodies are covered by the

regulations.

2.8. The key elements of the PSIRegulations that are likely to apply to a PDCare those which introduce:

the public task; and

the terms under which public sectorinformation is made available for re-use.

2.9.

The concept of public task is core tounderstanding how the PSI Regulations affectthe re-use of public sector information. Onlyinformation falling within the scope of anorganisations public task is covered by PSI

Regulations. To date, very few public sectorbodies have published statements of whatconstitutes their public task and there havebeen no standards or definitions againstwhich to assess such statements. TheNational Archives is developing a set of draft

principles and guidance to enable publicsector bodies to consider and publish theirpublic task statements9.

2.10. The PSI Regulations allow for publicsector bodies to charge at full cost plus a

9Re-users who would like the opportunity to view the

principles as they develop are invited to sign up to the

National Archives re-users and licences RSS feed or

email:[email protected]

reasonable rate of return for the provision ofpublic sector information for re-use.

Information Fair Trader

Scheme

2.11. The IFTS was developed by TheNational Archives to ensure that those publicbodies that operate under a delegation ofauthority from the Controller of HerMajestys Stationery Office are subject to

principles and standards on the re-use ofpublic sector information.

2.12. The IFTS sets standards and

principles, such as simplicity, transparencyand fairness, which members are required tomeet as a condition of accreditation. Thesestandards provide re-users of public sectorinformation the confidence that they will betreated reasonably and fairly by theinformation provider. Some non-Crownbodies such as the Environment Agency andthe British Geological Survey have opted tojoin IFTS.

2.13. Members of IFTS have been allowedflexibility in their licensing and chargingmodels, subject to regulation, which has thebenefit of allowing licences and charges to bedeveloped for specific market needs anduses, rather than having a single blanketapproach.

The UK GovernmentLicensing Framework

2.14. The UK Government LicensingFramework (UKGLF)10 provides the policyand legal overview for the licensing of allpublic sector information, both in centralgovernment and the wider public sector.The Framework has been created to meetthe needs of:

10UK Government Licensing Framework
mailto:[email protected]:[email protected]:[email protected]://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-framework.htmhttp://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-framework.htmhttp://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-framework.htmhttp://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-framework.htmmailto:[email protected]


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the public including community groupsand social organisations;

the information re-user community, both

in the public and private sector; and

the public data developer community.

2.15. The UKGLF, introduced in 2010,forms part of the Governments drive to

open up access to publicly held information,promoting transparency and enabling widereconomic and social gain.

The Open Government

Licence2.16. At the heart of the UKGLF is theOpen Government License11. The OGLprovides a simple, clear licence thatencompasses all the requirements forenabling re-use. The adoption of the OGL isbeing encouraged across the public sector asthe default licence for public sectorinformation which is available free for re-use.

2.17.

The issues explored in Chapter 5 ofthis paper will help the UKGLF furtherstrengthen its licensing principles and supportthe development of a portfolio of licencesolutions.

Regulatory Oversight and

Compliance

2.18. The IFTS provides the regulatoryframework for the major public sector

information traders. IFTS accreditation isbased on a regular audit of all informationtrading activities and ensures that thosebodies are complying fully with the IFTS

11The Open Government Licence is a simple set of

terms and conditions to enable the free re-use of

government and public sector information, seethe

National Archives. For organisations which are not

public bodies, there is the Creative Commons ByAttribution or other recognised Open Licence.

principles and the PSI Regulations. Theresults are documented in published reportsand progress against requirements is activelymonitored. Failure to comply fully with the

principles set out will ultimately result inCrown bodies having their delegation ofauthority withdrawn or having licence termsimposed.

2.19. Compliance with the PSI Regulationsis managed by complaints-based regulation.The Office of Public Sector Information(OPSI), established under PSI Regulations andpart of The National Archives, has a dual rolein the investigation of complaintsthe

statutory complaint handling provisions ofthe PSI Regulations and the standardsrequirements of the IFTS. Matters that cangive rise to complaints include anti-competitive practices, such as exclusivelicensing, failure to respond to requests forre-use, and inconsistent or unfair licensing orcharging policies. In the case of PSIRegulations complaints there is a right ofreview of OPSIs decision, for both the

complainant and the public sector body, to

the Advisory Panel on Public SectorInformation (APPSI). OPSI also offers amediation and dispute resolution service.

2.20. APPSI was established in 2003 and itsrole was expanded to review and considercomplaints under PSI Regulations and adviseon the impact of the complaints proceduresunder those Regulations. APPSI has recentlyconcluded an independent review of the

OPSI complaint handling procedures12.

2.21. The National Archives also hasagreements in place with key regulatorypartners: the Office of Fair Trading (OFT),the Information Commissioners Office

(ICO), and the Office of the ScottishInformation Commissioner. The agreementwith the OFT covers complaint handlingunder the PSI Regulations, which include themeans of addressing concerns about pricing

12OPSI review of complaints procedure
http://www.nationalarchives.gov.uk/doc/open-government-licence/http://www.nationalarchives.gov.uk/doc/open-government-licence/http://www.nationalarchives.gov.uk/doc/open-government-licence/http://www.nationalarchives.gov.uk/doc/open-government-licence/http://www.nationalarchives.gov.uk/appsi/%20complaints-review.htmhttp://www.nationalarchives.gov.uk/appsi/%20complaints-review.htmhttp://www.nationalarchives.gov.uk/appsi/%20complaints-review.htmhttp://www.nationalarchives.gov.uk/appsi/%20complaints-review.htmhttp://www.nationalarchives.gov.uk/doc/open-government-licence/http://www.nationalarchives.gov.uk/doc/open-government-licence/


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and competition. The National Archives andthe ICO have a Memorandum ofUnderstanding in place to ensure thatcomplaints are directed appropriately

according to whether they cover informationre-use or information access. Thisagreement will be combined with the existing

concordat between The National Archivesand the ICO concerning s46 of the Freedomof Information (FOI) Act.

2.22.

The subsequent questions on licensingand charging in particular should beconsidered in the context of these existingframeworks.


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3.PDC approach to access and release

This chapter considers issuesof access and release of data

and should be read in

conjunction with the Open

Data consultation which

considers these issues more

broadly.

3.1. For users and re-users of public dataone of the biggest challenges is oftendiscovering what datasets exist and how theycan be accessed. Participants in the PDCworkshops held earlier this year were clearthat more needed to be done to make iteasier for users to:

know what public data existed and washeld by Government;

find out how to access that public data;and

get more information about the detail ofindividual datasets.

3.2. The Open Data consultation isconsulting on an enhanced Right to Datawhich covers many of the issues on accessand release and an approach on these issuestaken by a PDC will need to reflect any newdevelopments.This chapter describes theprogress that is already being made towardstackling some of these access barriers andthe approach that will be taken for a PDCgoing forward.

Data discovery

3.3. The public sector currently collatesnumerous information inventories including:FOI publication schemes, departmental

information strategies, both general andpersonal information asset registers, and the

Local Government Data list. This leads tounnecessary bureaucracy and no clear viewof what information exists.

3.4. Data.gov.uk provides a singlesearchable website to make more public dataavailable, but there is more that is being doneto make it easier to find and access publicdata. In the 2011 Budget, Governmenttherefore committed to create a datasetinventory from key data-holdingorganisations. The Governments Open Dataconsultation poses questions to test howbest to develop effective data inventories forpublic data. A PDC and its constituent partswill be included in a dataset inventory.

Release mechanisms

3.5. The Open Data consultation isseeking wider views on an enhanced Right toData which would establish a strongerpresumption in favour of the publication ofdata than that which currently exists. It asksquestions around embedding thispresumption in legislation and instituting arequirement on public bodies to publish dataamongst other measures.

3.6. Different release mechanisms will bemore appropriate for different types of users.For instance, a community group may onlyneed to access a weather observation onceon a particular day, whereas an electricitysupplier would want to have access to themost up-to-date and frequent observationsavailable. Equally, different types of users willhave varying abilities to use and re-use dataand information that is made available. Somewill not have the technology or infrastructurerequired to access and make use of large,complex datasets.

3.7. There is clearly some public data to

which unrestricted access cannot be given,for example personal data, and information


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which is confidential, for example, on securitygrounds. However, it is important thatGovernment is clear about why thisinformation cannot be released.

Developing Cloud computing based

release

The Met Office is participating in a project toprove the concept of an Open Platform, acloud computing based storage and computeservice. It is hoped that the Open Platformwill ultimately provide an improveddistribution channel and management portalthat provides users with an easy-to-use

discovery mechanism to find, access, processand manipulate data and content, tailored totheir needs.

3.8. Bringing together public sector bodiesinto a PDC provides an opportunity todevelop improved release mechanisms fordata and information. A PDC will aim toemploy mechanisms for accessing itsinformation, to ensure that the maximumbenefitboth economic and socialcan begained from its information and to developnew, innovative ways of making data andinformation more easily available.

3.9. A PDC will also adopt the commonstandards developed for data.gov.uk todescribe the information it holds and makesavailable i.e. for its metadata. Where PDCinformation is more specialist it will userelevant sector standards for metadata.

Formats

3.10. The Public Data Principles13 set outthat:

Public data will be published in

reusable, machine-readable formpublication alone is only part oftransparencythe data needs to be

13Public Data Principles

reusable, and to make it reusable itneeds to be machine-readable. At themoment a lot of Governmentinformation is locked into PDFs or

other unprocessable formats.

3.11. Where possible Data.gov.uk usesopen standards and non-proprietary formatsand this approach will be adopted for thePDC.

3.12. In some cases PDC information maybe technical datasets that are not able to beaccessed using normal re-useable standards.In these cases industry or sector standards

will be adopted to ensure maximumaccessibility.

3.13. Once a PDC is established furtherconsideration will be given to how users canfind and access information from it, as well asconsidering opportunities for using theappropriate recognised metadata standards.The Government has recently made changesto how data is available from data.gov.uk,including providing more visual

interpretations of that data to make it easierfor smaller users to analyse and understandthe information. There is the potential for aPDC to bring together its datasets,information and knowledge to provide aplatform for greater innovation in theeconomy as a whole.

3.14. It is possible that investment will berequired to equip PDC organisations withthe infrastructure and resources to make

accessing its data easy and cost-effective forusers. The business model for the PDC willneed to consider the most effective way ofmeeting those investment needs, within thebroader objectives for a PDC.
http://data.gov.uk/wiki/Public_Data_Principleshttp://data.gov.uk/wiki/Public_Data_Principleshttp://data.gov.uk/wiki/Public_Data_Principleshttp://data.gov.uk/wiki/Public_Data_Principles


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4.Charging for PDC information

This chapter explores optionsfor charging for PDC

information which best

balance increasing access to

data, providing more data free

for re-use and ensuring

affordability and value for

money and maintaining asustainable business model for

a PDC.

4.1. The proposals in the Open Dataconsultation outline how the Governmentwill move to a position where most data heldby public service providers about theprovision of public services will be availablefor re-use under the OGL.

4.2. In order to balance the Governmentsobjectives around increasing access to dataand affordability, it is envisaged that somePDC information will be charged for andother PDC information will be available forfree or at low cost. High fixed costsassociated with core reference data meanthat care is needed to ensure the overallbusiness model remains sustainable andaffordable.

User engagement

4.3. There are studies that suggest thatcharging for public data could be a barrier toits wider use. For example, a 2007 study14suggests that moving to lower cost (marginalpricing) basis could generate additional

14Models of Public Sector Information Provision via

Trading Funds Pollock et al, Cambridge University,2007

economic benefit. Levels of charging,alongside licensing, can have an impact onhow users can use and re-use public data,although anecdotal evidence suggests thatother barriers, such as accessibility, may bemore important.

4.4. As part of the initial evidencegathering exercise to inform development ofPDC proposals, a series of workshops15 wereheld which asked existing and potential usersof PDC information questions about access,licensing and charging. At these workshops,a range of views were expressed on whether,and how, Government should charge for useand re-use of public data. In general,commercial participants felt that access todata and licensing terms were potentially agreater barrier than price. However, othersfelt that price could be more of a barrier toaccess for smaller commercial users,innovators or non-commercial users and re-

users of public data.

4.5. Participants at the workshops raisedparticular concerns, not necessarily aboutpricing levels, but about the transparency andstability of charging. These issues were alsohighlighted in the OFTs 2006 report16.

4.6. Participants suggested that the rulesand guidelines surrounding charging for publicdata are often complicated and unclear.Across different organisations, the factorswhich affect charging levels are numerous,including:

the type of data (e.g. unrefined/refined orraw/value-added);

15The workshops were held on 18, 19 February and 4

March 2011

16

Office of Fair Trading, The Commercial Use ofPublic Information (CUPI), December 2006


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the cost of collecting data (and potentiallyof creating products and services);

volume;

whether it is for commercial or non-commercial use; and

whether it is for re-use.

4.7. Participants recognised that it wassometimes appropriate for charges to bedifferentiated in order to reflect factorswhich may vary across datasets or use of thatdata. Product differentiation could sometimesprovide for greater access because it makes

the information more accessible to a widerrange of users. However, when taken at amacro level this can sometimes seem overcomplex and unclear for users.

4.8. In the PDC workshops, there wasconsensus across participants, of all sizes andsectors, to see pricing and charges for PDCand its constituent parts set out clearly, andfor fees to be relatively stable over time.

Policy principles on theprovision of PDC information

4.9. To ensure the concerns set out aboveare addressed, it is envisaged that theapproach to the provision of PDCinformation will be based on the followingprinciples:

to provide more freely available data for

re-use year on year within the constraintsof affordability;

to encourage use of PDC information andthe creation of new and innovativeproducts and services based on it;

to be transparent and easy to understand;

to be able to be applied in a consistentway across a number of organisations;

to ensure sustainability of high qualityPDC information;

to ensure personal data and data relatingto national security and public safety issafeguarded;

to provide value for money for taxpayersand be affordable; and

to be consistent with the objective offacilitating private investment into a PDC.

Charging for PDC

information

4.10. The question of how to fund theGovernments ambition that more PDC

information be made available for free iscentral to considerations on charging. If atrading fund or other public body makesavailable for free data which it currentlycharges for then this would leave a fundinggap and potentially impact on the quality ofdata and services, and the ability oforganisations to invest to maintain andimprove this quality. However, this mightequally encourage innovation and newpartnership models with other organisations

and industry.

4.11. There are a number of ways in whichGovernment could ensure a sustainablebusiness model for a PDC, for example:

Charging more for certain PDC datasetswithin the existing policy and regulatoryframework constraints;

Encourage PDC and its constituent parts

to make better use of the flexibility togenerate greater income from value-added, commercial activities; or

For Government to subsidise the releaseof PDC information at marginal cost orno cost, through taxpayer funding.

4.12. Separately, the Government is alsoconsidering whether it might be helpful tointroduce statutory powers to allow for

charges for some PDC services to be set ona medium term basis, to offer users greater


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certainty about charging levels. This couldprovide users and PDC itself with morestability to plan operational delivery andfuture investments. This approach would be

separate from the charging options outlinedbelow.

4.13. Government has considered a broadrange of options. This consultation focuseson three which would apply to PDCinformation:

Option 1: Status quo plus commitmentto more data for free;

Option 2: Harmonisation andsimplification; and

Option 3: Freemium.

4.14. This chapter focuses on charges forthe supply of PDC information. Bodieswhich may become part of a PDC may alsoundertake a range of other activities andprovide other services which do not relate tothe collection and dissemination of data andinformation; this is not under discussion

here.

4.15. These options are all intended toenable PDC to deliver on Governmentscommitment to making more public dataavailable free for re-use. Importantly,however, these options also provide theflexibility to ensure that this commitment canbe appropriately funded and that the businessmodel of the PDC remains sustainable.

4.16. Government has decided not toconsult on other options which would fail thetests of affordability and delivering on a freedata commitment respectively, for instance adata utility pricing model and a profit-maximising model.

4.17. The data utility model would haveseen public sector activity limited to datacollection funded solely by the taxpayer, withthat data made available to all users for use

and re-use for free. In this world, PDC wouldhave no role in offering products or services

and would not compete in the market withother value-added services. Governmentwould purchase back the value-added dataproducts and services it required from the

market. Such an approach is not currentlyaffordable. There may also be risks that themarket would not guarantee supply ofessential value-added products and services,and that over time the quality andaccessibility of data made available from thedata utility would degrade due to lack ofinvestment.

4.18. At the other end of the spectrum, theprofit maximisation model would have

incentivised PDC to fully commercialise all itsproducts and services.While aligned with astrategy focussed purely on maximising valuefor the taxpayer such a model is unlikely tobe consistent with Managing Public Moneyguidance and delivering on a commitment forfree data.

Option 1: Status quo pluscommitment to more data

for free4.19. Under this option, bodies within aPDC would continue to operate under theexisting framework as outlined in Chapter 3.Where charges are levied these would bedetermined as they are now for each of theconstituent parts of a PDC at theorganisation level. There would be nobroader consistent approach to chargingapplied across all PDC bodies.

4.20. However, under this option, theremay be a role for a regulatory oversightfunction in advising PDC and its constituentparts as to how they might go about makingpractical arrangements to make more freelyavailable data year on year, subject toaffordability and value for money. This isdiscussed further in Chapter 6.


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Option 2: Harmonisation &simplification

4.21. This option would base charges for

re-use around a PDC bodys public task. Thepublic task determines how the PSIRegulations are applied to the organisation.As set out in Chapter 2, Government isdeveloping guidance for public sector bodiesto develop their public task statements. It isenvisaged that all public sector bodies withina PDC would be required to develop andpublish a statement of their public task, basedon that guidance.

4.22. This option would provide a single feefor a particular PDC dataset or productwithin the public task regardless of what itsend-use is. This would mean that no matterwho was using the PDC information andwhat they were using it for the price wouldbe the same. It would provide a clearapproach across a PDC with openlypublished fees for particular datasets andproducts. Fees would be clearly published in

a fee schedule available on the relevantbodys website.

4.23. Within this approach there would besome PDC information which would beavailable free for re-use. A PDC would havean aim to make more data free for re-usewithin the constraints of affordability andensuring value for money. The maximum thata PDC and its constituent parts could chargefor units of information within its public task

would be full cost recovery including anappropriate rate of return, in line with theManaging Public Money guidance and the PSIRegulations.

4.24. For PDC information outside thepublic task, public sector bodies would havethe flexibility to supply commercial serviceswith charges set at a commercial rate. Thereis the potential for providing PDC and itsconstituent parts with greater

encouragement to make better use of theexisting flexibility to develop commercial

products to serve commercial markets. Thismight provide some scope to generateincome to replace that lost by making moredata available for free for re-use.

Option 3: Freemium

4.25. Freemium is a business model that isused in some sectors of the private sector(e.g. software, web services). It works byoffering a basic product or service free ofcharge while charging a premium foradvanced features, functionality, or relatedproducts and services. In these sectors, theaim is that customers are able to try out the

basic products and are then offered thepremium products or services at a charge.

4.26. There are a number of ways thatbusinesses design the free part of theirmodel, which seek to find a balance betweenproviding something useful for the customerwhile not giving away too much of theirvalue. These include:

Feature limited (e.g. a 'lite' version of

software);

Time limited (e.g. only usable for 30days);

Capacity limited (e.g. for an accountspackage, can only be used to create 10invoices);

Seat limited (e.g. only usable on 1computer rather than across a network);

Customer class limited (e.g. only usableby educational users); and

Time-delayed (e.g. using data released atcertain time points as opposed to real-time data).

4.27. A freemium-type approach couldprovide a way of balancing the objectives setout for a PDC. These examples show howthe freemium model can operate in the

private sector:


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Skype offer free computer-to-computercalls, but have charges for calls to normallandlines and mobile phones.

LinkedIn lets users create digital CVsthat can be updated over time and kept inone place. It launched a charged-forfeature in November 2009 to helprecruiting agencies scour the networkingsite for job candidates. It offers threetypes of premium (paid) accounts offeringgreater levels of flexibility and featureswithin the service, such as the ability tosend more direct emails per month.

4.28. There is a range of ways a freemiummodel could be implemented:

Feature limitedproviding some, lowspecification or low cost PDCinformation free for re-use. Morespecialised or higher cost informationwould be charged for.

Capacity or volume limitedprovidingsome PDC information free of charge,

limited by some volume parameter. Thiscould include the number of bytesdownloaded; percentage of a totaldataset; or number of seats that theinformation can be used from in anorganisation. When the volumeparameter was exceeded the PDC bodywould begin charging for use and re-useof the PDC information. An example ofthis might be a try before you buy

feature.

4.29. There are other alternatives includingtime-limited and limiting which users canaccess free products and services, but these

seem less applicable to a PDC and itsconstituents as public sector bodies andhence to PDC information. It is possible thata mixture of options could be applied under aPDC freemium model. If Governmentdecided to pursue a freemium model forPDC it would consult existing users before

implementing any specific version of themodel.

4.30. Under this option a PDC would havethe flexibility to supply commercial serviceswith charges set at a commercial rate. Thereis the potential for providing a PDC and its

constituent parts with greaterencouragement to make better use of theexisting flexibility to develop commercialproducts to serve commercial markets. Thismight provide more scope to generateincome to replace that lost by making moredata available for free for re-use.

Impacts

4.31. Government has considered the likely

impacts of all options on various groupsincluding a range of users of PDCinformation: citizens, SMEs, developers, thirdsector (e.g. charities, community groups, andsocial enterprises), public sector users,corporate users and re-users; existingcompetitors and partners; Government as awhole; and PDC and its constituent parts.

Users

4.32. It is likely that under all options userswill see some changes in the charges for PDCinformation, depending on which datasetsand information those users require. Forinstance, some units of PDC informationwhich are currently charged for may move tobe available free for re-use. Charges forother units may increase.

4.33. For smaller users (e.g. citizens, SMEs,third sector) their ability to access PDC

information may also depend on otherfactors such as the format it is available inand whether they have the necessary ITinfrastructure.

4.34. Under option 2 those who currentlypay more may see some charges reduce,whereas those currently paying less may seesome charges increase.

4.35. Under option 3, different variations of

the freemium model may be of more interestto some groups rather than others. For


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example, a feature-limited variation may be ofmost interest for individuals. A volume-limited variation may be suited to an SME ordeveloper who wanted to try out the PDC

information before committing to buying alicence.

Existing competitors and

partners

4.36. The impact on existing competitors,value-added resellers and partners woulddepend on how any of the options wereimplemented. However, broadly we mightexpect that partners may benefit from

greater end-user participation if more datawere available free for re-usein particularthose whose business models are basedaround adding value to PDC information.Conversely, however, those whose modelsare focussed on re-selling the informationitself with little additional value may see theirrevenues significantly impacted if moreinformation were available for free re-use.

4.37. If PDC and its constituent parts were

encouraged to make better use of theexisting flexibility to provide commercialproducts and services, and were successful indoing this, there may be impacts oncompetitors and partnersparticularly inmarkets which are already developed. It mayalso have the impact of driving greatercompetition and innovation in markets whichare not yet as developed.

Government4.38. It is possible that costs toGovernment may increase under any of theseoptions. This would depend on the extent towhich it was affordable to provide more datafree for re-use within the PDC businessmodel itself.

4.39. Government is also a significant userof PDC information and consequentlyGovernment, and the wider public sector,would be affected by changes to fee levels forindividual pieces of PDC information, in the

same way that other users may. This has thepotential to increase use and sharing of dataacross the public sector, where access isimproved.

PDC bodies

4.40. Under all options, charges for someunits of PDC information are likely tochange, with more data being provided freeat the point of use.

4.41. Under Option 2, it is possible thatsome efficiency savings could be deliveredthrough having a single price, although there

will be some upfront investment andresource required to implement a change.

4.42. Under Option 3, it is likely that in theshort term income would decrease, but if thefreemium model was successful income mightthen increase over time.

Questions

Please provide evidence to supportyour responses.

1. How do you think Governmentshould best balance its objectivesaround increasing access to dataand providing more freely availabledata for re-use year on year withinthe constraints of affordability?Please provide evidence to supportyour answer where possible.

2. Are there particular datasets orinformation that you believe wouldcreate particular economic orsocial benefits if they wereavailable free for use and re-use?Who would these benefit and how?Please provide evidence to supportyour answer where possible.

3. What do you think the impacts of

the three options would be for youand/or other groups outlined


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above? Please provide evidence tosupport your answer wherepossible.

4. A further variation of any of theoptions could be to encourage PDCand its constituent parts to makebetter use of the flexibility todevelop commercial data productsand services outside of their public

task. What do you think the impactsof this might be?

5. Are there any alternative options

that might balance Governmentsobjectives which are not coveredhere? Please provide details andevidence to support your responsewhere possible.


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5.Licensing

This chapter seeks views onways in which licensing of

PDC information could be

simplified and streamlined in

order to remove barriers to

accessing and re-using

information.

5.1. Licensing has for some time beenidentified as a potential barrier to the greateruse and re-use of public data, depending onthe nature of the licensing regime. With theGovernments drive towards more open

access to public data, the launch of the OGLin 2010 was a significant step forward,providing the basis for consistent andtransparent licensing of open data for thepublic sector.

5.2. The OGL sits at the heart of theUKGLF. Further work has been done todevelop the framework to provide additionallicensing solutions to sit alongside the OGL.The enhanced UKGLF consists of a non-commercial licence and enhanced guidanceand best practice, including detailed guidancecovering cases where charges are applicable.The Government published the enhancedUKGLF on 29 July 2011.17

5.3. Users at the PDC workshops thoughtthat greater consistency and standardisationof licensing across public sector organisationswould reduce the time spent by users onunderstanding licences, and dealing withlicensing related issues. However, some felt itwas important to retain some flexibility toreflect factors such as the type of public data

17

UKGLF publication

being licensed and the use it was being putto. For example, in some cases it may still bepreferable to have different licences coveringuse and re-use of the same data.

5.4. Many licences are complex tounderstand and do not provide clarity onusers legal rights. In the PDC workshops,users stated that they were not always clearabout what the licence allowed them to doand what it didnt allow them to do. Some

users said that the potential for them to beoperating outside of their licence meant thatthey took a cautious approach to using andre-using public data.

5.5. In some cases, users felt there was alack of resource within public sector bodiesdedicated to licensing issues, which meantthat even when users tried to get greaterclarity on their rights, organisations were notalways able to respond effectively and in atimely manner. Providing clearer licences andsufficient resources to manage licensingissues could therefore help to realise greaterbenefits from PDC information.

PDC licensing policy

principles

5.6. As set out in the UKGLF, theprinciples that should underpin licensing are:

Simplicity of expressionthe termsshould be expressed in such a way thateveryone can understand them easily;

Non-exclusivityso that access can beprovided to a range of users on fair andequal terms;
http://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-framework.htmhttp://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-framework.htmhttp://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-framework.htmhttp://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-framework.htm


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Fairness of terms;

Non-discriminationterms are extendedfairly to all for similar uses;

The need for acknowledgment andattribution;

The need for transparency by publishingstandard licence terms; and

Issuing licences promptly and efficiently inorder to minimise delays.

PDC licensing options

5.7. Under any of the options outlinedbelow, we would expect a PDC and itsconstituent parts to follow the principles setout above and the guidance within theUKGLF. In addition, we would expect theseconstituent parts to:

Adopt the OGL for all datasets that arenot charged for and do not include thirdparty rights;

Simplify and streamline their licenceagreements, in line with the UKGLF;

Ensure the IFTS principles are firmlyembedded in their licensing;

Provide users with certainty aroundsupply of public sector information; and

Provide users with a commitment toresolving licensing queries in a timely

manner.

5.8. Licensing PDC information willcontinue to be overseen by an appropriateregulatory body. The current system ofoversight is outlined in Chapter 2, andChapter 6 discusses whether changes may benecessary to reflect the creation of a PDC.

5.9. The options below will only apply toPDC information where use and re-use ischarged for. The licences under any of theoptions would be additional to the use of

OGL for all datasets not charged for and notincluding third party rights.

Option 1: Use-based portfolio

of standard licences

5.10. This option would provide commonoverarching principles and guidelines whichwould underpin the licences for all PDCinformation. These would be based on theUKGLF principles set out above. However,each organisation within a PDC would haveits own portfolio of standard licences, termsand conditions appropriate to the nature oftheir business. If organisations within PDC

became more integrated then licences wouldbecome different variations of a PDC licence.

5.11. This would mean that licences couldbe developed with rights and associatedcharges that were tailored to specificmarkets. However, these would bestandardised for a particular market so thatall users taking out a licence for a particularuse of PDC information would receive thesame termsthere would be no

discrimination between users and therewould be no terms tailored for a specificuser.

5.12. A PDC and its constituent partswould be required to consult openly andcomprehensively with users to design anappropriate approach to licensing for aparticular use of the PDC information.However, PDC would not be able to createdifferent licences for individual users.

Impacts

5.13. Ensuring that all licences from a PDCare based on the principles and guidelines setout in the UKGLF will bring someconsistency to licensing terms across a PDC.However, this option would retain, andpotentially even increase, the flexibility forbodies within a PDC to design licences tosuit different uses for their information.


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5.14. By requiring PDC bodies to consultwith their users on their licences, it ispossible that there would be a greater levelof shared understanding of the rights allowed

under those licences, helping to removesome of the perceived barriers caused byover-complex and unclear licences.

Option 2: Overarching PDClicence agreement

5.15. This option would feature an

overarching PDC licence agreement, with asingle set of standard terms and conditionsfor the licensing of all charged for PDCinformation. This would act as the foundationfor all PDC licence agreements and wouldcover standard terms of engagement forexample on elements such as definition ofterms, and clauses on default,commencement and termination. Thesewould be based on the principles and

guidelines set out in the UKGLF.5.16. Each user would sign one licenceagreement with the PDC which would coverall interactions at a high level.

5.17. However, recognising that there willbe a range of information licensed by a PDCthere would be flexibility to add additionalschedules where necessary underneath thatoverarching agreement. These might bespecific to particular datasets or products, or

particular uses of the information as outlinedin Option 1, in which case there should bestandard licences to ensure that there was nodiscrimination between users. These shouldbe kept to a minimum so that the system isas streamlined as possible.

5.18. This means that users would haveone overarching licence agreement with aPDC and potentially a series of scheduleswhich would describe the specific rightsrelating to use or re-use of particular sets ofinformation. However, these would besignificantly shorter than they currently areas the standard terms and conditions wouldbe covered in the overarching PDC licenceagreement. Users would only be required tohold those additional licences and schedulesas and when they licensed the informationthey related to. For example:

Ordnance Survey licensing is an exampleof Option 1 in practice. Commercial users ofproducts sign one of two frameworklicences, depending on whether they are re-sellers of the products or direct end-users.The pricing and terms under which the

product can then be used are determined bythe specific use of the data. Thus there arefive market-based uses:

Business Usethe right to use the datafor internal business processes but not tore-licence for commercial useusuallythe highest price.

Consumer and Webto enable theuse of data at relatively low prices inconsumer web applications.

View, Track, Scheduleto enablebusiness web use and support vehicletracking and similar solutions.

Printingto enable the creation ofprinted products using Ordnance Surveydata.

Navigationto enable the use ofOrdnance Survey data in SatNavs andsimilar solutions.

These licences have been developed inconjunction with the private sector users andOPSI, with pricing and terms appropriate tothese markets. This model has beensignificantly simplified and re-launched in2010-11.


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Impacts

5.19. The use of an overarching licenceagreement covering common terms andconditions will rationalise and clarify licensingacross a PDC. We would expect that itwould enable licences and schedules relatingto particular datasets to be much shorter,simpler and straightforward, and only havingone set of terms around elements such astermination will be a simplification.

5.20. This option will still provide for someflexibility in tailoring licences to suitparticular datasets or particular uses of data.

Option 3: Single PDC licence

5.21. This option would feature a singlePDC licence covering use and re-use of all

charged-for PDC information. It wouldcontain standard terms and conditions as wellas all clauses and schedules to describespecific terms and conditions relating todifferent data types and different uses.

5.22. Users would sign up to the licenceonce and this would cover their use and re-use (as applicable) of all PDC datasets. Itwould cover all PDC information and allpotential uses of that information including,for example, academic and developer uses.

Impacts

5.23. While a single licence would offergreater consistency of standard terms and

conditions it is likely that there would be awide range of other terms, clauses andschedules required to cover the varioustypes and uses of PDC information. It istherefore likely to be lengthy and will containclauses and schedules that will not berelevant to all users.

Questions

Please provide evidence to support

your responses.

6. To what extent do you agree thatthere should be greaterconsistency, clarity and simplicityin the licensing regime adopted bya PDC?

7. To what extent do you think each ofthe options set out would addressthose issues (or any others)?

Please provide evidence to supportyour comments where possible.

Standard terms that could form part ofan overarching framework

Common definitions of standard termse.g. Intellectual Property Rights,Insolvency event, Contract etc.

Standard clauses on Confidentiality,Limitation of Liability, Termination, DataProtection, Force Majeure, Assignment,Governing Law.

The specific schedules from each PDCbody would cover issues such as Pricing,Permitted Uses, Warranties.

The State of Queensland RestrictiveLicence Agreement

The State of Queensland in Australia hascreated a single licence agreement to coverall data that is not available under theirequivalent of the OGL.

The Restrictive Licence has two parts: theMain Part and the Schedule. The Main Partcontains all the relevant standard clauses inthe licence. Elements of optionality are

retained in the schedules; of which there are15 described at the end of the licence.

The full licence can be viewed athttp://www.gilf.gov.au
http://www.gilf.gov.au/http://www.gilf.gov.au/


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8. What do you think the advantagesand disadvantages of each of theoptions would be? Please provideevidence to support your

comments

9. Will the benefits of changing themodels from those in use acrossGovernment outweigh the impactsof taking out new or replacement

licences?


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6.Regulatory oversight

This chapter aims to explorethe regulatory challenges that

the creation of a PDC may

bring.

6.1. The landscape of policy and legislationthat relates to PDC information is wide.Given the confines of this consultation, andits remit to focus only on the data policyoptions for a PDC itself, it would not beappropriate to consult on the whole policyand legislative framework as this would haveimplications for policy areas andorganisations beyond a PDC.

6.2. Instead, the approach taken here is tofocus on any additional oversight function(s)that may be needed given the chargingoptions proposed in Chapter 4.

Current context

6.3. The regulatory and policy frameworkaround the use and re-use of public data issomewhat fragmented with responsibilitiesspread across a number of departments andregulatory bodies. The main responsibility forregulatory oversight for use and re-use ofpublic sector information is with TheNational Archives and OPSI. OPSI operatesan audit and complaints-based model, withsupport from both the OFT and the ICO. Atthe PDC workshops, some participantsstated that they found this system complexand at times unclear.

6.4. It is worth noting that to date therehas been little recorded activity on OPSIs

complaints-based system which exists for theuse and re-use of public sector information.This means the regime has not been properlytested, which makes it difficult to assess theeffectiveness of, and the extent to whichthere are issues with the complaints-basedsystem. The following analysis is therefore

written without prejudice to the potential ofthe current regime.

Potential challenges

6.5. The regulator will need to have aclose and open relationship with a PDC andits constituent parts just as OPSI does nowwith its stakeholders. This will help to ensurethat all charges and production of data aretransparent and open to challenge. Inaddition, the regulator must have thecapacity, knowledge and insight to advise onstatements of public task, on arrangementsfor making more data freely available at thepoint of use year on year and thesustainability of a PDC and its constituentparts.

6.6. Under the status quo option, therewould be no additional policies or regulationsin place. However, there may be a role forthe regulator in advising a PDC and itsconstituent parts how they can best go aboutmaking practical arrangements to make moredata free for re-use while ensuring asustainable business model.

6.7. The harmonisation and simplificationoption would see fees set out on a feeschedule, with a single price for each unit ofPDC information.

6.8. However, the definition and

application of public task has in some casescaused confusion. In light of revised guidancedeveloped by The National Archives, it isenvisaged that all organisations within a PDCwill be advised to develop and agree with theregulator the statement of their public task.

6.9. Option 2 also envisages that somePDC information within the public taskshould be made available free for re-use.There may be a role for the regulator in

advising PDC bodies how they might best go


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about making arrangements to make moredata free for re-use.

6.10. In the freemium model there may be

a role for the regulator, as indicated earlier,in advising PDC bodies how they can best goabout making practical arrangements to makemore data free for re-use while ensuring asustainable business model.

6.11. In the interest of ensuring fair andtransparent access to data, there might be arole for a regulator in ensuring that the datawhich a PDC makes availableshould not berestricted to only that data which is of use or

interest to Government.

Questions

Please provide evidence to supportyour responses.

10. To what extent is the currentregulatory environment appropriateto deliver the vision for a PDC?

11. Are there any additional oversightactivities needed to deliver thevision for a PDC and if so what arethey?

12. What would be an appropriatetimescale for reviewing a PDC or itsconstituent parts public task(s)?


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7.Annex AGlossary of termsData discovery -is the process of findingout what data exists and how it can beaccessed.

Datasetfactual data, structured orunstructured. In relation to public services,this data will typically have been collected asa by-product of delivery. This includes, forexample, key public datasets about publicservices; user satisfaction data; and theperformance of providers. For non-government bodies providing public services,information about aspects unrelated to thedelivery of their public service function arenot in scope.

Fixed costscosts which do not vary withthe level of activity in the short run.

Free for re-usewhere there is no chargeor fee to the user for the use or re-use ofinformation.

Informationinterpretation and analysis ofdata that when presented in contextrepresents added value, message or meaning.

Marginal costthe cost of providing onefurther unit of a good or service.

Licencea permission by the copyrightholder to reproduce or re-use materialprotected by copyright.

Open DataData which can be freelyused, reused and redistributed by anyone.18 Inrelation to public services, Open Data meansdata available under the terms of OpenGovernment Licence. The presumption isthat data about public services will be OpenData. It may be that some data held inrelation to public services is made available,but is charged for.

18http://www.opendefinition.org/government/

PDC informationobjective, factual, non-personal data and information which iscollected and generated within the PDC orits constituent parts.

Public Sector Informationdata andinformation collected by and/or held by apublic body.

Public Taskpublic task informationconsists of information that a public sectorbody must produce, collect or provide to

fulfil its core role and functions, whetherthese duties are statutory in nature or areestablished through custom and practice. Theterm public task features in the Re-use ofPublic Sector Information Regulations 2005(SI 2005 No. 1515) and the INSPIRERegulations 2009 (SI 2009 No. 3157).

Raw datadata collected which has notbeen subjected to processing or any othermanipulation.

Value-added information (or data)

raw data to which value has been added toenhance and facilitate its use andeffectiveness for the user.

Re-useany use of the information otherthan for the purpose it was originally created.

Trading Fundsa GovernmentDepartment, executive agency, or part of a

department, established as a trading fund by aTrading Fund Order made under theGovernment Trading Funds Act 1973. Atrading fund has authority to use its receiptsto meet its outgoings.
http://www.opendefinition.org/government/http://www.opendefinition.org/government/http://www.opendefinition.org/government/http://www.opendefinition.org/government/


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8.Annex BTable of acronyms

APPSI Advisory Panel on Public SectorInformation

BIS Department for Business,Innovation and Skills

FOI Freedom of Information

HMT Her Majestys Treasury

ICO Information Commissioners

Office

IFTS Information Fair Trader Scheme

OFT Office of Fair Trading

OGL Open Government Licence

OPSI Office of Public SectorInformation

PDC Public Data Corporation

PSI Public Sector Information

SME Small and Medium sizedEnterprises

UKGLF UK Government LicensingFramework


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Crown copyright 2011

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A Consultation on Data Policy for a Public Data Corporation

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