Hi Simon They appear to be saying that an FOI request would be refused as the information is already published. Asked for a copy of their Publication Scheme (it may already be on their website). This must set what information a body publishes and the access arrangements and any fees for access. These schemes must be approved by the Information Commissioner.
If your document doesnt appear, or you aren't happy with the format proposed, then I'd be inclined to submit and FOI request and challenge the refusal. Copyright does not prevent disclosure to a single party under the FOI Act, ie sending information directly to you does not constitute publishing and does not infringe IP rights. They may argue that you could go on to publish, but this has been challenged before in Case FS50276715 (see http://www.ico.gov.uk/foikb/PolicyLines/FOIPolicyDoesapublicauthorityhavetor espondtoarequestthatwouldresultinautomaticpublicati.htm). There is a guide to FOI requests and copyright/intellectual property at http://www.ico.gov.uk/for_organisations/guidance_index/~/media/documents/lib rary/Freedom_of_Information/Detailed_specialist_guides/intellectual_property _rights_and_disclosures_under_the_foia.ashx Regards Colm -----Original Message----- From: developers-public-bounces+colm=truthmonkey....@lists.mysociety.org [mailto:developers-public-bounces+colm=truthmonkey....@lists.mysociety.org] On Behalf Of Simon Haywood Sent: 26 November 2012 11:21 To: general purpose discussion list mySociety public Subject: [mySociety:public] FOI and Copyright Hello, We're trying to get some info out of Edinburgh Council, but they've said they can't release it because of copyright concerns. They have said that we can visit their offices and *look* at the info, but not copy it, or take it away - and they'll charge us a £50 fee for retrieving the documents. I asked if a FOI would over-ride that, and they said "no", because the information was already "freely available" (though quite how £50 = free, I don't know...). The information we're after relates to design and calculations for structural work on a private property. The council hold the information because they require to issue a Building Warrant before work can start. We don't think the work has been done properly - and the structure in question actually supports our property, which is directly above. In general, I've found Edinburgh council to be rather good - so I'm a bit surprised by this stance. I've not yet submitted a FOI request - but it seems strange that I even need to. I would have thought it was perfectly normal to want to take the information away, and have it checked by our professionals - and I think it's strange that the council want to charge just to see the documents. The comments of those on this list would be appreciated... Thanks Simon _______________________________________________ developers-public mailing list [email protected] https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public Unsubscribe: https://secure.mysociety.org/admin/lists/mailman/options/developers-public/c olm%40truthmonkey.org _______________________________________________ developers-public mailing list [email protected] https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public Unsubscribe: https://secure.mysociety.org/admin/lists/mailman/options/developers-public/archive%40mail-archive.com
