Howard Davies 3 March 2016 M25 Directors and Associate Directors The Re-use of Public Sector Information Regulations in universities

Making information easy to find, share, re-use, and innovate… …unlocking the potential of public sector information availability re-use innovation Aim of open public sector information (PSI)

Topics to cover today University Libraries – what is the impact? Service delivery – how to manage customer expectations? Scope – coverage in universities? Licensing – open licensing of copyright expired material Definitions – re-use when working with other cultural bodies Public task….. 3

PSI Directive 2003 & Regulations 2005 foundations Defined re-use Defined public sector bodies – definition based on Procurement Directive, universities specifically included Set out exceptions for public sector body documents to be excluded (such as documents held by educational institutions) Set out process for managing re-use requests UK Regulations introduced a complaints mechanism Light touch – re-use not mandatory, a charge could be made 4

PSI Directive – 2013 amendments Extended scope to information held by the cultural sector – libraries (including university libraries, but not the rest of a university), museums and archives Obligation to allow re-use of most public sector information Marginal cost pricing is default – use objective, transparent and verifiable criteria Redress arrangements with authority to issue binding decisions Encouraging open/standard licence 5

Excluded information held by these public sector bodies Cultural establishments – except for libraries, museums and archives Research establishments Educational establishments Universities – except for university libraries Public sector broadcasters 6

Excluded categories of information Documents supplied outside of public task Third party intellectual property rights Excluded from access under FOI (national security, statistical or confidentiality) Excluded from access under DPA Logos, crests or insignia Where applicant has to prove a particular interest 7

Issues for University Libraries to consider What information is held by the library? Special collections, university archives? Is the information accesible? Who owns the IP? Is the information part of the public task? Does my public task include enabling re-use? Has the information been made available for re-use? Has it been re-used, and if so, under what terms? Does my institution want to charge for re-use? Do I have the data available to calculate charges? 8

Things to do to manage expectations Define your public task Decide on charging and on your licence – use Open Government Licence wherever you can for simplicity If you charge, publish your standard charges Publish list of main documents available for re-use Make re-use easy to apply for Publish details of your redress mechanism Any changes to on-site services, e.g. in reading rooms? 9

Charging University libraries can charge for re-use of their public task information The Regulations set out what elements can be accounted for in calculating charges. It is the cost of: o direct costs; o a reasonable apportionment of indirect and overhead costs; o and a reasonable return on investment. 10 collectionproduction reproductionpreservation rights clearance

What help is available? TNA Guidance for cultural sector bodies on line: o management/psi-implementation-guidance-cultural-sector.pdf management/psi-implementation-guidance-cultural-sector.pdf ICO Guidance on line: o Copyright for Knowledge guidance for the sector via SCONUL: o sector/public-sector-information-and-open-data/ sector/public-sector-information-and-open-data/ TNA support for anybody drafting a statement of public task, or for queries on any aspect of the Regulations 11

Public Task Definition The PSI Regulations introduce the term public task in the UK:....re-use means the use by a person of a document held by a public sector body for a purpose other than the initial purpose within that public sector body’s public task for which the document was produced. The amended Directive states: The Directive shall not apply to documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, or in the absence of such rules, as defined in line with common administrative practice in the Member State in question, provided that the scope of the public tasks is transparent and subject to review. The recital also adds that the public task could be defined generally or on a case-by-case basis for individual public sector bodies. 12

Why do we need a statement of Public Task? Regulation 5: 5.—(1) These Regulations do not apply to a document where— (a) the activity of supplying the document is one which falls outside the public task of the public sector body, provided that the scope of the public task of that body is transparent and subject to review… 13

What is my Public task information? generally, information produced as part of a public task: o is essential to the public service of the PSB o is produced as part of a statutory requirement o is produced by established custom and practice o enjoys authoritative status by virtue of being issued by the public sector 14 o the public body is the only source for the information o its creation and maintenance is funded through taxation rather than revenues or private investment

Public task – continued Benefits of defining public task to determine whether public sector information is subject to the PSI Regulations particularly provisions on fairness, charging and complaints. transparency of information activities clear demarcations between core and optional, often commercial, activities clarity about which licence terms and charges should apply helping potential re-users understand whether any complaints can be made under the PSI Regulations detailed guidance available on The National Archives website 15

Any examples to share? Birmingham University Bishop Grosseteste Lincoln Cambridge University Cardiff University Nottingham Trent University University of the West of Scotland 16

Contacts Howard Davies, Information Policy Manager 17