Rights of way information

Dear Requester

Request for Information: FOI12321

Thank you for your e-mail of 13th September 20012, under the Freedom of Information Act.

Ordnance Survey does hold the information to respond to your request, and we respond to each of your questions in turn:

1) Did Ordnance Survey explicitly give Worcestershire and Hampshire county councils permission to release this data [omitted from this e-mail]?

Yes, Worcestershire and Hampshire County Council applied for exemptions for their Public Rights of Way (PRoW) datasets, using the process detailed below in response to your question two.

2) If yes, did Ordnance Survey grant these councils permission under the PSMA or by some other (possibly informal) mechanism?

The PSMA licence includes the facility for a licensee to request that certain data derived from Ordnance Survey Licensed data be licensed on terms equivalent to OS OpenData, or as Free to Use Data. Section 2.5 of the PSMA member licence details at this link: http://www.ordnancesurvey.co.uk/oswebsite/public-sector/mapping-agreement/licensing.html

In May 2011 a County Council applied for a derived data exemption in respect of their Public Rights of Way (PRoW) dataset. This was approved on Free to Use Data terms and subsequently on OS OpenData terms.

It was identified that other authorities may wish to claim exemptions for their PRoW datasets and so, to reduce administration, a streamlined process was established that enables them to claim an exemption by simply providing a statement confirming that their dataset met specific criteria.

The OS OpenData Licence that will apply to an exempted PRoW dataset is detailed at this weblink: http://www.ordnancesurvey.co.uk/oswebsite/docs/licences/os-opendata-licence.pdf

3) If the PSMA was used, does this set a "clear precedent" under the PSMA License, section 2.5.2?

Further requests for PRoW exemptions are dealt with in accordance with the streamlined process described in response to your question two, rather than the process described in 2.5.2. This is simpler for all concerned and achieve the same end.

4) Have any other councils been granted permission to use rights of way data under PSMA?

To date, 20 councils have applied through the streamlined process.

5) To what extent does Ordnance Survey legally own the information in the rights of way definitive map and definitive statement? Are county councils the owners and responsible party for the definitive map and statement?

Ordnance Survey has Intellectual Property (IP) in the PRoW datasets if the data included within them has been derived from Ordnance Surveybs Licensed Data.

County Councils are responsible under statute and therefore have a legal obligation to maintain the Definitive Map and Statement of Public Rights of Way.

6) Does Ordnance Survey consider rights of way data to be commercially sensitive to its interests? Is there any Ordnance Survey policy that would hinder councils releasing this data under FOI on grounds that it is commercially sensitive?'

Ordnance Survey has accepted the commercial risk associated with the release of PRoW data that meets the criteria by the PRoW exemption request form. Provided PRoW data conforms to these criteria, Ordnance Survey will approve on request its release on terms equivalent to OS OpenData.

Internal Review
Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request anBinternal reviewBwith our FOI Appeals Officer, by contacting them as follows:

FOI Appeals Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
Southampton
SO16 0AS

E-mail: foi@ordnancesurvey.co.uk

Please include the reference number above. You may request an internal reviewBwhere you believe Ordnance Survey has:

Failed to respond to your request within the time limits (normally 20 working days)
Failed to tell you whether or not we hold the information
Failed to provide the information you have requested
Failed to explain the reasons for refusing a request
Failed to correctly apply an exemption or exception

The FOI Appeals Officerwill not have been involved in the original decision. They will conduct an internal review and will inform you of the outcome of the reviewBnormally within 20 working days, but exceptionally within 40 working days, in line with the Information Commissionerbs guidance.

The FOI Appeals Officer will either: uphold the original decision, provide additional explanation of the exemption/s applied or release further information, if it is considered appropriate to do so.

Appeal to Information Commissioner's Office (ICO)
If following the outcome ofBthe internal review youBremain unhappy with our response, you may raise an appeal withBthe Information Commissionerbs Office at:

The Case Reception Unit
Customer Service Team
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
E-mail: mail@ico.gsi.gov.uk 

Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to Friday.

Thank you for your enquiry.