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What is the scope and purpose of the dataset provisions?

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FOIA includes specific provisions about information held as a dataset. These provisions were introduced by section 102 of the Protection of Freedoms Act 2012, and have been amended by regulation 21 of the RPSI.

The dataset provisions are contained in the following sections of FOIA,

  • section 11 – means by which communication to be made,
  • section 11(5) defines the term dataset,
  • section 11A – release of data sets for re-use,
  • section 11B – power to charge fees in relations to datasets for re use,
  • section 19 – publication schemes,

The Code of Practice issued under section 45 of FOIA has a section dealing specifically with datasets. This will also help you understand the provisions.

Broadly speaking, the dataset provisions ensure that you make datasets available in a way that allows them to be re-used, either when responding to a request or proactively publishing datasets under your publication scheme. They also require you to make the dataset available under a licence that permits its re-use. However, if you are subject to the RPSI and the dataset itself is covered by those regulations, then the licensing for re-use comes under the RPSI. For many public authorities, charging for re-use is also likely to come under the RPSI. If these regulations do not apply to the dataset, then licensing and charging conditions fall under the FOIA provisions.

The dataset provisions do not create any additional rights to access information. They only cover how you provide the information, ie in a re-usable form.