John Williams, OPSI 20 October 2011 PSI Regulation – The UK Approach LAPSI Meeting, Warsaw

Office of Public Sector Information, part of The National Archives Performing two distinct functions: o Statutory complaint handling role cited in the PSI Regulations o Regulation of major public sector information traders through the Information Fair Trader Scheme (IFTS) Integrated approach through co-operation with the UK access and competition regulators – the Information Commissioner and the Office of Fair Trading Synergy with The National Archives policy lead on information re-use, responsibility for setting the licensing framework and authorising the use of Crown copyright – the key to public sector information in the UK

Statutory complaint handling Five published complaint reports – Ordnance Survey x 2, Milton Keynes Council, Office of Government Commerce and The Coal Authority Reports have secured tangible improvements Statutory role part of wide spectrum of dispute resolution activity – mediation, brokered discussions and policy interventions - which has been successful in driving change Public task definition and charging criteria have been significant issues in the context of the PSI Regulations and wider regulatory activity

Public task definition Guidance published August task.htmhttp:// task.htm Highlights the importance of having a published public task statement Sets criteria so that the public task statement: o Clarifies public task functions in relation to information o Is current and periodically updated o Can be challenged by third parties o Is written in plain English 5

Charging for Information Most government information is available for re-use at marginal cost, which often in practice means free of charge Public sector bodies that wish to charge above marginal cost must submit a business case to OPSI Where a business case is established, the organisation is issued with a licensing delegation which is monitored through IFTS Trading funds are an exception to this rule pricing.htmhttp:// pricing.htm

Information Fair Trader Scheme A set of good practice requirements which members with a licensing delegation must meet The major public sector information traders in the UK are tested against six principles: o MaximisationAn obligation to allow others to re-use material. o Simplicity Simple processes, policies and licences. o InnovationFacilitating the development of new forms of re-use. o ChallengeListening and adapting to user feedback. o TransparencyOpenness about the terms of re-use, and charges. o FairnessNon-discrimination, encouraging competitive practices.

Recognising the increasing importance of open data The original principles of the IFTS which set a framework for equitable trading and pricing policies between public sector bodies and the private sector were enhanced in April 2009 The IFTS Performance Management Framework, through the principles of maximisation, simplicity and innovation, can accommodate the increasing expectation that public sector bodies should respond to the challenge of open data through: o Operating within the UK Government Licensing Framework (UKGLF) o Licensing information with minimal barriers, using the Open Government Licence (OGL) as the default option o Supplying data in re-usable formats o Offering licensing options to application developers

Questions?