22nd June 2020 Town Council Report 9.3

ICO Model Publication Scheme, as adopted by Burnham-on-Sea & Highbridge Town Council.

This publication scheme details information that we hold and how it is published or can be obtained.
We are not required to make the information in this definition document available if:

  • we do not hold the information;
  • the information is exempt under one of the FOIA exemptions or Environmental Information Regulations exceptions, or its release is prohibited by another statute;
  • the information is readily and publicly available from an external website; such information may have been provided by the public authority or on its behalf. We will provide a direct link to that information;
  • the information is archived, out of date or otherwise inaccessible; or,
  • it would be impractical or resource-intensive to prepare the material for routine release.

Publishing datasets for re-use
Public authorities must publish under their publication scheme any dataset they hold that has been requested, together with any updated versions, unless they are satisfied that it is not appropriate to do so. So far as reasonably practicable, they must publish it in an electronic form that is capable of re-use.
If the dataset or any part of it is a relevant copyright work and the public authority is the only owner, the public authority must make it available for re-use under the terms of a specified licence. Datasets in which the Crown owns the copyright or the database rights are not relevant copyright works.
The Datasets Code of Practice recommends that public authorities make datasets available for re-use under the Open Government Licence.
The term ‘dataset’ is defined in section 11(5) of FOIA. The terms ‘relevant copyright work’ and ‘specified licence’ are defined in section 19(8) of FOIA. The ICO has published guidance on the dataset provisions in FOIA. This explains what is meant by “not appropriate” and “capable of re-use”.

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