Overview
A dataset is defined in the Freedom of Information Act (FOIA) section 11(5) as an electronic collection of factual information about the functions and the services you provide. A dataset is neither the product of analysis or interpretation, nor an official statistic. It has not been materially altered.
FOIA includes specific provisions for datasets in sections 11, 11A, 11B and 19.
The provisions do not provide any greater access to information, and are not about what information you must release. Instead, they are about the form in which you release your datasets.
The provisions only concern information held in a dataset, as defined in the provisions.
They cover both the datasets that you provide in response to a request and those you make available under your publication scheme.
If the information contains a dataset and the requester says they want to receive it electronically, then you must provide it in a re-usable format if reasonably practicable.
A re-usable formal means that the dataset is in a machine-readable format and based on open standards.
Factors that can affect whether it is reasonably practicable to provide the dataset in a re-usable form include:
- the time and cost of conversion;
- technical issues; and
- your available resources.
If the dataset is a relevant copyright work and you own the intellectual property rights, you must also provide it under the terms of a specified licence.
Datasets covered by Crown copyright or Parliamentary copyright are not relevant copyright works.
Many, but not all, public authorities under FOIA are also subject to the Re-use of Public Sector Information Regulations 2015 (RPSI) and much of the information held in datasets will also be covered by those regulations. Where it is, the licensing for re-use is dealt with under the RPSI, not FOIA.
Under FOIA, the Open Government Licence (OGL) is the default licence for datasets that can be re-used without charge; other licences (the Non-Commercial Government Licence and the Charged Licence) are available where appropriate.
Under section 9 of FOIA you can charge a fee for communicating information in response to a request. Where that information is a dataset, you can also charge a fee for making it available for re-use. Obviously there will be no charge for making it available under the OGL or the Non-Commercial Govt Licence.
Subject to certain exceptions, you must include any datasets that have been requested in your publication scheme together with any updated versions you hold, unless you’re satisfied that it’s not appropriate to do so.
When deciding if it’s appropriate to include such datasets in your publication scheme, you should consider the cost and effort of publishing the dataset in a re-usable form and whether it contains any exempt information.
We will deal with any complaints that you’ve not complied with the dataset provisions. We also deal with complaints under the RPSI.
The dataset provisions do not apply to the Environmental Information Regulations (EIR). However, you should take account of regulation 6 of the EIR, which is about the form or format of requested information and how you make it available.
When dealing with a request under FOIA involving a dataset, you should first consider whether the information is exempt from disclosure under any FOIA exemption. In particular, you should consider whether any personal information is exempt. If it is, you must redact that personal information to make sure any disclosure does not contravene the data protection principles.