The Government has launched two consultations focused on
improving public sector openness, transparency and accountability
through improved access to public data.
The first of those consultations, "Making
Open Data Real" sets out a series of proposals
aimed at establishing a culture of openness and transparency in
public services, including a 'right to data' and how public
sector providers might be held to account for delivering Open Data.
The Government has said, however, that transparency will not be
extended at the cost of privacy. Views are sought in a number of
areas including how to improve access to data, transparency
standards, accountability, and the collection, publication and use
of Open Data. The consultation has been welcomed by the Information
Commissioner, Christopher Graham, who commented that "the
information rights regime needs to adapt to the new realities of
the digital world". The ICO has recently highlighted its
intention to contribute to such adaptation, specifically through
increasing access to public data, by announcing that freedom of
information requests made via Twitter to authorities with valid
Twitter accounts are acceptable.
The second consultation focuses on the data policy for the proposed
Public Data Corporation (PDC).
The Government announced its plans to create the PDC in January,
and a transition board has been established to oversee its
establishment. The PDC is seen as an important step in opening up
government data so the benefits can be felt by the wider economy.
The Government plans to use the PDC to bring together Government
bodies and data into one organisation, deliver improved access to
data for developers, businesses and members of the public leading
to more opportunities to develop innovative products and services -
and ultimately to drive further efficiency in the delivery of
public services. The consultation seeks views on key aspects of the
data policy, how to charge for, license and regulate the data that
the PDC will make available and sets out some of the options
available for each. It is presently envisaged that a mixed charging
model will be required with some information charged for (including
potentially some of that held by organisations such as HM Land
Registry, Ordnance Survey and the Met Office), and some available
for free.
These consultations sit as part of a wider range of initiatives the
Government has launched to explore what more it can do to maximise
growth opportunities from public sector data, as part of the second
phase of its Growth Review, which will include a specific section
on the economic opportunities provided by Open Data. It is expected
that, following the consultation period, a White Paper on the
subject will be released in the autumn. The deadline for responding
to both of the above consultations is 27th October 2011.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 12/09/2011.
