Data and information are the lifeblood of the knowledge economy, yet within the UK information is highly fragmented with many datasets and sources. There is duplication of information collection in some cases and harmonisation between datasets at different scales is often lacking. Co-ordination between different levels of Government and public authorities is generally poor resulting in incompatible information and information systems. Much information is not re-useable and there are various policy, institutional and commercial restrictions on access to data: what data there is can often be difficult to identify, access and use.
In the last few months PM Gordon Brown, via various Cabinet announcements, has advised that “within this Parliament” there will be decisions made on data access and that there is “a need for much more consistency in approach”. In June Gordon Brown announced the appointment of Sir Tim Berners-Lee as an expert advisor on public information delivery.
He will oversee work to create a single online point of access for Government held public data and develop proposals to extend access to data from the wide public sector, including selecting and implementing common standards. In consideration of the need to make it possible to “identify, access and use” more public information, The Marine and Environmental Data and Information Network (MEDIN) is seeking to gain an understanding of the different approaches to licensing and IPR of data as currently applied across the UK marine sector, including the interpretation of relevant EU and national legislation as it relates to access to public sector information. This work will be carried out by an independent contracted party. 2. Background The Marine Environmental Data and Information Network (MEDIN) aims to improve access to, and reuse of data and information relating to the marine environment.
One of the mechanisms being developed to help with the delivery of this is the establishment of a network of Data Archiving Centre (or DACs) which will hold data sources relevant to a particular theme (e.g. Oceanography, Benthic species etc). Broadly the aim is that these DACs would deliver on the principles supporting the emerging Infrastructure for Spatial Information in Europe (INSPIRE) and the UK Location Programme charged with delivering the UK Spatial Data Infrastructure (UKSDI).
There exists within the UK public sector marine fraternity a complex variety of business models. They range from vote funded departments (e.g. Department for Transport; MOD), Next-Steps Executive Agencies (e.g. Cefas) to Trading Funds (e.g. UKHO; Met Office). In addition there are numerous Non Departmental Public Bodies (NDPB’s) such as NERC, Environment Agency and the soon to be constituted Marine Management Organisation. The Regulatory Framework, and issues around the interpretation of components of this framework are discussed in Annex A. 4. Statement of work Pre amble Fit for purpose data and information, which is the most current available, is essential to underpinning evidence based decision making and enabling Government to deliver on its policy objectives for the UK’s marine environment and coastal zone.
Ensuring the most productive use of existing and new data and information is a key aim of the UK Marine Monitoring Assessment Strategy (UKMMAS) and the emerging Marine Science Strategy. Marine data and information exists in many forms and is acquired, managed, manipulated, and used by a wide range of public and private sector organisations. The manner by which these organisations are funded varies significantly as do the commercial and other interests that these organisations place in the use and reuse of data. The Requirement The purpose of this contract is, working within the current mixed funding model to generate an independent and balanced picture of the situation with regard to approaches within the Marine Sector to charging for access to data and licensing / charging for re-use. The intention is to identify any areas of the current legislation or guidance that are unclear and provide a balanced view of the issues to allow government to take / make the necessary judgements and steps to improve access to data overall. The legislative framework has already been well described elsewhere (Hodgson et al., 20081). The contractor will be expected to be familiar with this background. The review will focus instead on the guidance for the UK around the implementation of this legislation, particularly around whether it is clear or where further work is needed. The review will be focused particularly on the use of the data / information within the public sector but also consider private sector use. Consideration of the long term economics (particularly in relation to levels of revenue to government through tax) are outside of scope but the review should document the costs of the current situation as far as they can be determined. As preparatory work the contractor should familiarise themselves with the work carried out by MEDIN on the costs and business models for the Data Archiving Function (this includes the accreditation reports from the MEDIN DACS (BGS, BODC, DASSH and UKHO, and the DAC funding review carried out by Geodata Institute). Guidance Review Independently review the current guidance underpinning both charging and the re-use of public sector information and data with specific focus on marine data. Liaise with OPSI to clarify any points and ensure there is a clear understanding of work being undertaken and OPSI’s view on how the current framework should be operating Liaise with ERFF and UKLP to ensure this work complements and feeds into activities planned by them. Liaise with members of APPSI, as necessary, to advise of the scope of the review Data Policy Audit – Through a series of interviews undertake a detailed audit of a cross section of the MEDIN community including the four current DACs (BODC, DASSH, BGS and UKHO), a section of public sector data users / providers (including as a minimum DEFRA, JNCC, MMO, CEFAS, EA, Natural England, CCW, Marine Scotland, Northern Ireland Environment Agency) and a representative sample of the private sector (including ABPMER, BP, Shell, Fugro, BMT ) to review: (a) Best Practice – to ascertain the level of understanding within the marine data organisations in respect of best practice initiatives. In particular the following are considered important: Infrastructure for Spatial Information in Europe (INSPIRE) UK Location Strategy and delivery Programme (UKLP) MEDIN PSI; EIR; OPSI IFTS (b) Compliance Report on the level of understanding, interpretation and response to obligations placed on marine data organisations by the EU Directives relating to Public Sector Information Re-use (PSIR); Environmental Information Regulations (EIR) and the UK OPSI Fair Trader Scheme (IFTS). (c) Pricing and Licensing – the following elements need to be investigated and reported on: How the organisation responds to the conditions laid down in (b); The organisation’s policy on licensing its information (scope and limitations); its pricing of such data to users and the onward framework it has in place for its re-use; The organisations terms and conditions for the release of data; any restrictions placed upon its release and reasons for doing so. This should explicitly consider the impact of the policies of other data providers / holders on the desired accessibility of derived products; How current regulations being interpreted in practise at the organisational level and The markets in which marine data is being supplied by the individual organisation. (c) The User Perspective The report must consider how the application of different licencing conditions then impacts on the user of such information, in terms of The accession and internal use of data The preparation and dissemination of derived products. Location of Work The work will be carried out within the UK and will necessarily involve engagement with all organisations that are part of the MEDIN programme. It will be performed in an independent manner and involve face to face discussions at MEDIN member / partner premises. Work programme will be coordinated by the MEDIN project office at BODC, Liverpool. Deliverables Schedule The primary output will be a written report complete with analyses of findings; conclusions and a set of recommendations made to MEDIN based on detailed findings. The information contained in the report will be shared as necessary with Defra CIOD and OPSI/ APPSI to ensure a consistent understanding of the issues and to inform future programmes of work. This report will be made available to the MEDIN team at the end of the programme of work. The project will commence in December 2009 with completion before 31st March 2010. The outcomes from this work will inform the future direction and focus of the UKLP and the role MEDIN plays within that programme. Acceptance Criteria The report will be scrutinised by MEDIN Executive members at which time it will determine if the report and its findings are acceptable. Criteria to be used to confirm acceptance will include completeness, coverage (in terms of organisations), depth of study at the organisational level, its objectivity and the recommendations made for action in the future. Type of Contract/Payment Schedule The budget for this work is £20,000 10% of the contract value will be made to the successful bidder at project start (this shall not exceed £2000). Staged payments will be made against successful delivery of the work according to an agreed payment plan. 20% of the payment shall become due on the successful delivery and acceptance of the completion report by MEDIN executive team. Selection Criteria The successful contractor must possess an in-depth knowledge of the wider environment under which this programme of work is being undertaken and to be able to demonstrate this in their bid proposal. The contractor should be aware of the workings of the operational framework being developed at the EU and National level and is requested to carefully research the areas of interest as outlined in Section A prior to undertaking this work. Annex A: The Regulatory Framework and its Interpretation The Regulatory Framework The regulatory framework in which ALL these Public Sector Information (PSI) providers operate consists of the following: EU Environmental Information Regulations (EIR) came into force in 2004 and encourages access to data and information relating to the environment but does not legislate for how the data supplied may be reused. The Re-use of Public Sector Information Regulations (ROPSI) came into force on 1 July 2005 in response to an EU Directive and are administered by the Office for Public Sector Information (OPSI). They are based on the principles of fairness, transparency, non-discrimination and consistency. The PSI Regulations extend to most parts of the public sector and has the following objectives: Identify what material is available for re-use Establish clear charging for information and the basis of the charges Ensure prompt turnaround of applications, enabling re-users to get their products to market quickly Ensure transparency and fairness of terms and conditions Establish a robust and fair complaints process. The regulations allow public sector bodies to make their information available to be re-used by any applicant making a request for re-use in accordance with the regulations. However, it is not compulsory for public sector bodies to allow re-use. The regulations can be found at http://www.opsi.gov.uk/si/si2005/20051515.htm The Advisory Panel on Public Sector Information (APPSI) role is: To advise Ministers on how to encourage and create opportunities in the information industry for greater re-use of public sector information; To advise the Director of the Office of Public Sector Information and Controller of Her Majesty’s Stationery Office about changes and opportunities in the information industry, so that the licensing of Crown copyright and public sector information is aligned with current and emerging developments; To review and consider complaints under the Re-use of Public Sector Information Regulations 2005 and advise on the impact of the complaints procedures under those regulations. The EU Infrastructure for Spatial Information in Europe (INSPIRE) Directive of 2007 facilitates the greater sharing of and access to spatial information based on national infrastructures across Government at the local, regional, national and EU level and will involve: Providing catalogues that allow users to identify what information is available [metadata] Ensuring that information from different sources can be integrated [this will require information to adhere to common standards] Providing online services such as discovery [find out what data exists], view [to see what the data looks like] and download [to obtain the data] Having licensing arrangements that allow information to be shared, accessed and used Monitoring mechanisms to demonstrate that the information is being made available. The UK Location Programme (UKLP) focuses on joining up and integrating information from public sector sources within a consistent reference frame embracing specific core reference datasets. This will enable greater sharing and use across the public sector and beyond. It will underpin policy delivery and operational decision-making, drive out costs in data capture, drive re-use and service delivery across land, sea and air benefiting the citizen and community, public sector service providers, policy makers, information suppliers, the third sector and the private sector and thereby stimulate increased efficiency, supporting economic development and protecting and sustaining the UK environment through geographic knowledge. Issues surrounding interpretation of regulations Within the EIR, the guidance around access to data, charging and licensing as well as onward use is quite vague. For example, it is not compulsory for public sector bodies to allow re-use. As a result there is considerable variation across the public sector on both of these areas. At the extremes, this results in organisations that hold data collected with public money both charging for access to the data themselves and any products derived from them. The INSPIRE Directive states that “public authorities supplying spatial data and services may licence them to, and / or require payment from the public authorities for such services…” and that “Where charges are made these shall be kept to a minimum to ensure necessary quality…together with a reasonable rate of return on investment, whilst respecting the self financing requirements of public authorities supplying such datasets and services”. The 2008 Review of the PSI Regulations concluded that whilst there is clear evidence of a greater knowledge of / and re-use of PSI, there is evidence that some providers are still restricting or refusing access to information. OPSI will therefore be undertaking a more proactive approach to PSI re-use through greater stewardship of PSI providers in the UK, at all levels of Government. Whilst the development of the Information Fair Trader Scheme [IFTS] has had significant benefits in unlocking PSI, there is a clear need for the PSI Regulations to be tightened. The OPSI Information Fair Trader Scheme (IFTS) provides a published supervisory framework that supports the delivery of effective re-use strategies across PSI providers. Click-use is the term used to describe OPSI online licences for the re-use of Crown copyright and Public Sector Information. The Environmental Research Funders Forum (ERFF) Environmental Data Initiative seeks to encourage the sharing and re-use of environmental data and to ensure all participants have a “transparent and well publicised data policy which balances open access with economic and societal pressures”. Raw versus value-added data: There is much confusion and lack of understanding as to what constitutes “raw” or “non special” public sector information (otherwise known as un-refined information) and what constitutes “value added” or “special” public sector information (otherwise known as refined information). This reflected in how information is made available and at what cost and how an organisation views its data in terms of the regulatory framework (as described above). Derived products (either using the raw data or sources that are themselves derived from the raw data) are a particularly controversial area. Joint IPR and / or ownership is generally recognised as irrelevant as the important issue is the “rights” given to the licensee to use that data. A particular area of difficulty for licensees to understand is that of “copy derived” and “non copy derived” data. Copy derived means that the derived data set includes a copy of the original information as a whole or any substantial part of it (as defined by Copyright legislation and case law) or that the derived data set can be reverse engineered to create a copy of the original information or any substantial part of it. Non‐copy derived means that the derived data set does not include a copy of the original information as a whole or any substantial part of it (as defined by Copyright legislation and case law) or that the derived data set cannot be reverse engineered to create a copy of the original information. Current Models: Within the public sector there is a mixed model, with a market economy emerging around the use of some data source with certain bodies charging varying fees to other sections of government and the commercial sector to access data they hold. It is argued that this approach ensures that data remains current and allows for improving the quality of the data available through revenue generated from this activity, as well as limiting the costs to the taxpayer. However, some opinion is that such an approach can lead to limited access and use, including by academia and public sector bodies, as well as opinion that the charged model is overall less efficient for either government data costs or indeed for the UK economy as a whole. Organisations operating as Trading Funds are required by Treasury to generate a return on capital employed; (ROCE) whilst others are vote funded and operate with available funds authorised by Treasury at regular spending reviews. There is scope for conflict here as central Government is promoting open access to environmental data on one hand but on the other hand requiring others to make a commercial return.
