The Re-use of Public Sector Information Regulations 2015 (PSI), allow people to apply to re-use information held by the public sector. The Council is under an automatic obligation to allow re-use of its public sector information, in accordance with the Regulations unless it is otherwise restricted or excluded. Re-use means use of the public sector information for a purpose other than that for which the document was originally produced, held or disseminated.
Examples of public sector information are: national and local legislation; statistics; local planning; tourist information, and guidance on local community issues and policies etc.
It is important to remember that the legislation does not provide access to the information itself. That is available through the Freedom of Information Act 2000; the Data Protection Act 1998, or other access to information regimes such as the Environmental Information Regulations 2004.
Likewise, receiving information under Freedom of Information and other information access regimes does not provide an automatic right for individuals to re-use the information. Applicants must make a distinct request to re-use it.
How can I make a request to re-use information?
To ask to re-use of information you must:
- Ask us in writing (this can include email)
- Tell us your name and address
- Tell us the document you want to re-use
- Tell us why you want to re-use the document
An applicant must have got the information under any access request (e.g. under Freedom of Information) before s/he can have an application to make a re-use considered.
A request for access and re-use may be combined.
What happens next
We will write to you within 20 working days with a response, unless there are exceptional circumstances, for example, where requests are extensive in terms of the number of documents requested, or where they raise complex issues. If we require more information or if your request will take longer than 20 days to action, we will contact you.
A response means one of the following:
- Refusing the request
- Making the requested document available for re-use
- Where conditions are attached to re-use, finalising the offer to you of the conditions on which re-use will be permitted
If you are not happy with our response or how we dealt with your request you can make a complaint.
If you are not satisfied with the outcome of your complaint you can refer your complaint to The National Archives Opens in a new window
Because of the potential range of requests, we have taken the view that it is not reasonably practicable to publish standard charges. We may make a charge, but we will always tell you if this applies when we get your request.
If charges are applied these will be to cover:
- The re-use of the information for commercial use
- The costs of collecting, producing, reproducing and supplying the material
- The cost of the demand on the document/s over the next three years
No. There are certain regulations that prevent re-use, where:
- The content is exempt from disclosure under the Freedom of Information Act
- The document falls outside of the Council’s statutory functions
- The document contains information in which intellectual property rights are owned by a third party. An example of this would be architectural drawings which have been commissioned by an architect who retains copyright
- The document does not exist
If your request for re-use is refused, we will advise you in writing of the:
- Reasons for refusal
- Your rights to an internal review and appeal
- The necessary time limits of reviews and appeals
Where refusal is due to intellectual property rights being owned by a third party, we will confirm, if we know, who owns the intellectual property rights and, provide you with their names and contact details.
Any requests considered unreasonable will be refused.
To comply with PSI legislation, the Council has a duty to:
- Respond to all PSI requests within 20 working days. This period may be extended where the request is extensive or complex
- Offer appropriate advice and guidance, where necessary
- Grant licences for re-use of public sector information where applicable
- Levy fees where there is reasonable justification to cover the costs of producing and supplying the data
An asset is any information that the we produce that is of interest or value to the organisation itself and potentially to others.
The first step to re-using public sector information is to know what significant documents are available for re-use. Some local authorities have achieved this via the publication of an asset list or register. It is not our intention to produce a separate information asset register, however, all significant documents registered within the Publication Scheme (with the exception of those documents where charges apply) are available for re-use.
Contact Information Compliance
- How the council works
- Get a job working for us
- Get in touch
- Voting and elections
- Finance and budgets
- Plans, policies and strategies
- Information and data
- Honorary Freeman of Torbay
- Brixham Town Council
- Pay an invoice
- Performance Management
- Achievements and awards
- Fraud within or against the council
- Fit for the future
- 0-19yrs Integrated Commissioning Project