This creates a general legal right by the worldwide public, hereafter referred to as applicants, to re-use that information that has already been requested from public authorities (such as Coventry City Council) through the Freedom of Information Act 2000/Environmental Information Regulations 2004.
In summary the Regulations promote the re-use of information for which Coventry City Council owns the copyright.
When Coventry City Council releases information, which was requested under access to information legislation such as the Freedom of Information Act 2000/Environmental Information Regulations 2004, an applicant may ask if they can re-use the information for a purpose other than the initial purpose for which the document was produced. An applicant's intentions may be for commercial purposes, in a way, which, without permission, might breach the Council's copyright. It is this sort of situation with which the Regulations are concerned.
Coventry City Council is not obligated to make public sector information available for re-use, but if the Council does allow re-use of any of our public sector information, this has to be done in accordance with the Regulations. In these circumstances the Regulations set out:
Rights of access will apply to all types of Freedom of Information Act 2000 / Environmental Information Regulations 2004 information, held by Coventry City Council regardless of the date of the information:
The applicant must state the purpose for which the document is to be re-used.
Coventry City Council has an obligation to publish a list of the main documents available for re-use, preferably in an electronic format. Often these information sources have been developed as "Publication Schemes" to meet local authorities' obligations under the Freedom of Information Act 2000. Coventry City Council has a Publication Scheme. Hard copies are also located at Council reception desks.
If an applicant makes a request to re-use information for which Coventry City Council holds the copyright, and the Council agrees in principle to the request, the Council would communicate to them the conditions for re-use and other licence terms. The Council will issue licenses, which will include the conditions for re-use, on a case-by-case basis.
The Re-Use of Public Sector Information Regulations will, normally require Coventry City Council to respond to an applicant's enquiry within 20 working days from the day on which the Council received their request.
Once Coventry City Council has agreed to make types of information available for re-use, thereafter the basis for refusing to provide any of the specific information of that type will be limited. Re-use can be refused if:
Complaints - Applicants of information may complain to Coventry City Council about how the Council has managed their request, e.g. they may wish to complain about the:
Appeals - Where Coventry City Council has declined to provide information; then an applicant will have been sent an explanatory Refusal Letter. The reasons may include:
The proposed appeals procedure set up by Re-Use of Public Sector Information Regulations 2005 works in the same way as the appeals procedure under the Freedom of Information Act 2000/Environmental Information Regulations 2004, except that the Government's Office of Public Sector Information is the ultimate authority to which to complain for Re-Use of Public Sector Information Regulations 2005 appeals.
The applicant can complain to Office of Public Sector Information only after their complaint has first been sent to Coventry City Council (as the authority to which their request for re-use of information was made) and if they are not satisfied with the response to their complaint/appeal.
If an applicant is unhappy with the way Coventry City Council has handled their request, they may ask for an internal review. Applicants are advised to contact the Information Governance Team, who will arrange an internal review of their case.