Post: 18 July 2013
Yesterday the Ministry of Justice published its long-delayed Code of Practice (Datasets) in support of new dataset provisions in the Freedom of Information Act. The provisions themselves will now commence on 1 September 2013. There was also a Written Ministerial Statement.
In the simplest terms the new provisions require UK public authorities to provide datasets requested under FOI in a re-usable format and with a licence for re-use, where reasonably practicable. The Code of Practice is guidance for public authorities on how to implement the provisions.
I’ve blogged previously about the dataset provisions and why I think they are likely to be problematic both for supporters of open data and for FOI practitioners. You can also read a range of other views in the responses to a consultation that was launched last year on a draft version of the Code of Practice.
I have now read through the published Code of Practice in detail and compared it to the consultation draft. My interest is mainly in whether the provisions are likely to make it easier or harder to unlock publicly owned datasets for open re-use. I have not attempted a full analysis from a FOI point of view. (However my strong impression is that FOI practitioners who do not already have experience of data licensing will have a steep learning curve, regardless of their views on open data vs charging for re-use.)
In a nutshell my conclusion is that the final version of the Code of Practice (Datasets) is not only unhelpful but actively hostile to open data interests. It is impossible to reconcile with either support for open data in civil society or with the broader transparency agenda espoused by the Cabinet Office. Compared to the status quo under existing FOI (which is silent on licensing of data for re-use), the new provisions are likely to encourage more charging for public data – and seem calculated to do so.
It’s not completely clear at the moment how bad the effect will be, because the new Fees Regulations – the Freedom of Information (Fees for Re-use of Datasets) Regulations 2013, due to commence alongside the dataset provisions – have not yet materialised.
However as a summary of the main issues, the Ministry of Justice has in the final version of the Code of Practice (Datasets):