Post: 21 April 2018
NHS Digital has overhauled its website and introduced a new set of terms and conditions.
Section 8 in the T&Cs tries to apply the Open Government Licence to material on the website.
Below is a list of points on which NHS Digital’s implementation of the OGL is defective.
8.1
If there is any conflict between the OGL terms and these terms and conditions these terms and conditions shall take precedence.
This condition vitiates the OGL by adding acceptance of the full T&Cs as an additional requirement for re-use of the information.
8.2
This means that you can use NHS Digital Content, including copying it, adapting it, and using it for any purpose, including commercially, provided you follow these terms and conditions and the terms of the OGL.
This is the same condition with more words.
8.3
The OGL terms do not apply to the following categories …
This clause isn’t inherently incompatible with the OGL. However it’s clunky and onerous for the user. If NHS Digital cannot confidently say all NHS Digital Content is available under the OGL “except where otherwise stated” then applying the OGL to the site on a blanket basis is probably the wrong approach.
8.4
This clause requires users to attribute their use ofÂ
information from NHS Digital, licenced under the current version of the Open Government Licence.
This is problematic because users are entitled to rely on the terms in effect at the time they acquired the information. If another version of the OGL has been released subsequently, but the user opts to rely on the previous version, the attribution statement will be untrue.
8.5
you must not alter, adapt, edit or modify any NHS Digital branding where this is integral to a document or data set
This is an additional condition.
you may not directly or indirectly suggest any endorsement or approval …
This is also an additional condition because the wording is slightly broader than the non-endorsement clause already included in the OGL.