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Public sector agreements and 'presumption to publish'

In order to support the Government's transparency agenda, we have extended our derived data exemptions approach with a 'presumption to publish' ability. This will allow public sector agreement members to publish more of your derived data on Open Data terms.

As headlines, the only conditions that you will need to meet to publish using the Open Government Licence are that your derived dataset:

Use this link to notify us (you will need to use your members login)

Meaning of 'substantially' copying

By this we mean where the number of features (including real world objects or networks) and or Feature Attribution represented in the Licensed Data, by any line, polygon, symbol or text (or combination of the same) does exceed a 'substantial proportion' of the Licensed Data being used by you.

Whilst the Derived Data may incorporate IPR in the Licensed Data by copying Features and/or Feature Attribution in part or whole, the Derived Data must not include a substantial number of Features or Feature Attribution from the Licensed Data used to create it; if the dataset does include a substantial number, then it will be a substantial copy.

The meaning of ‘substantial number’ can be determined:

i) by considering the total number of the relevant Features or Feature Attribution in the underlying Licensed Data, by reference to Great Britain as a whole or any of England, Scotland or Wales, and
ii) by considering whether the Derived Data is capable of forming part of a series of connected datasets, whether created by the Member or other PSMA Members or One Scotland Members, using Licensed Data

For the purposes of the above, Feature means any feature (including real world object or network) represented in Licensed Data, by any line, polygon, symbol or text (or combination of the same).

Some examples of what does and does not form substantial copying

Other terms

Clause 2.4.4 from your Member Licence will apply in relation to any data released under the presumption to release provisions (even though such data is not Free to Use Data).

In the event that OS considers that the qualifying conditions set out above have not been met in relation to a particular derived dataset and, in the reasonable opinion of OS, the release may constitute a Competing Activity, OS may require that the Member does not release the Derived Data under this Clause 2.5, or to cease any such release with immediate effect.

In the event that:

(i) OS considers that the qualifying conditions set out above have not been met in relation to a particular derived dataset, or

(ii) the Member does not agree with guidance provided by OS in response to a request, or

(iii) the Member does not agree with OS requesting the Derived Data not be released,

either party may notify the other in writing that it intends to refer the matter to the Independent Advisory Group and the parties shall then discuss how to resolve the matter.

Where a resolution cannot be agreed within 20 Working Days of notification or, in cases where the Member refuses to cease release as per the paragraph above, immediately, either OS or the Member may then refer the matter to the Independent Advisory Group for review and recommendation in accordance with the existing process.

Where the Member is unable to meet the qualifying conditions as set out above, it may proceed with a standard Exemptions request.

Use this link to see a list of some examples of derived data that have been exempted from the Member Licence terms.

Notes:

  • These allowances do not apply to the extent that Derived Data has been created using Royal Mail Data (as defined in the Member Licence) or any other third party data.
  • If you are not sure whether your derived data meets these conditions, please get in contact with your relationship manager or the Helpdesk.

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