Information Fair Trader Scheme Report Land & Property Services, Northern Ireland March 2012 1 PART ONE: INTRODUCTION 3 PART TWO: ACTIVITIES CARRIED OUT BY THE VERIFICATION TEAM 6 PART THREE: KEY CHANGES 8 PART FOUR: HIGHLIGHTS/AREAS FOR IMPROVEMENT 9 PART FIVE: PROGRESS 12 APPENDIX 1: SUMMARY OF RECOMMENDED ACTIONS 13 APPENDIX 2: IFTS WEBSITE ASSESSMENT 14 Visit: March 2012 Published: April 2013 © Crown copyright 2013 2 PART ONE: INTRODUCTION Information Fair Trader Scheme 1. The Information Fair Trader Scheme (IFTS) is the best practice model for the public sector to demonstrate compliance with the Re-use of Public Sector Information Regulations 2005 (the PSI Regulations). IFTS ensures that re-users of public sector information can be confident that they will be treated reasonably and fairly by public sector information providers. 2. IFTS is also the mechanism by which the Controller of Her Majesty’s Stationery Office (HMSO) regulates, through the Office of Public Sector Information (OPSI), part of The National Archives, those Crown bodies with a delegation to administer their own licensing. As a Crown body, Land & Property Services (LPS), Northern Ireland, falls into this category. First verification 3. LPS was first verified in August 2008. Prior to that, Ordnance Survey of Northern Ireland® (OSNI®), a constituent part of LPS, was a longstanding IFTS member. Re-verification 4. Re-verification is important as organisations change and staff move on. It is also an opportunity for OPSI to ensure that the recommendations from the last verification have been given due consideration. The recommendations made after the August 2008 visit and LPS’s progress in meeting them can be found in part five of this report. 5. The frequency of re-verification is based on several risk factors. These include the complexity of the system that is in place to license public sector information, how critical information trading is to the body in question, the standard of compliance with recommendations from the previous verification, and the degree of policy change that is envisaged. LPS is assessed as being medium risk against these criteria. Licensing Activity at LPS 6. LPS is an executive agency within the Department of Finance and Personnel for Northern Ireland. It is responsible for rating, valuation, land registration and mapping. 7. LPS’s primary area of licensing activity continues to be in the field of mapping information. LPS licenses a variety of products under the OSNI brand name, from traditional paper maps through to digital geographic data which is either used by members of the public, for social policy research, or for commercial purposes. LPS has a licensed partner scheme which enables the private sector to evaluate and develop products prior to signing up for a commercial licence. 3 8. LPS administers a number of licences, from straightforward copying licences involving a flat fee, to more complex Value Added Reseller (VAR) which require royalties to be paid. 9. LPS supports data sharing within Northern Ireland through Spatial NI™ and its collective agreements with the rest of the public sector. Overall Assessment 10. Progress against previous recommendations is detailed in part five of this report. 11. In this report we: Note that LPS continues to license its core mapping products diligently. Express regret that licensing activity within LPS has not fully kept pace with the open data agenda. Ask LPS to review its current policy of “user pays” across the board and publish a statement on the outcome of the review. Argue that that candidate datasets for re-use without charge should be identified in order of priority. Recommend that LPS extends its analysis of its potentially re-from land registration through to valuation and rating. Observe that there is a case for minimum royalty payments being lowered or removed. Point out that where data is free it should be offered under the Open Government Licence. Propose that LPS reviews its standard commercial licence with the aim of producing a more concise and user-friendly document. Advocate the carrying out of a new exercise on the pricing of data to evaluate the cost base for the provision of bulk data as between direct data supply and the supply of data to value added resellers. Draw LPS’s attention to the need to develop and publish a public task statement. Suggest that LPS draws up a plan for more fully engaging the application developer and citizen re-user communities. 12. Based on the team’s assessment, LPS is re-accredited to IFTS and should be re-verified within the next 2-3 years. 4 13. Below is a summary table rating LPS’s current position against the IFTS principles. Maximisation Development area Simplicity Satisfactory Transparency Satisfactory Fairness Satisfactory Challenge Satisfactory Innovation Satisfactory 5 PART TWO: ACTIVITIES CARRIED OUT BY THE VERIFICATION TEAM Methodology 14. Since LPS was last re-verified in August 2008, OPSI has introduced changes to the IFTS process. These reflect public sector information policy developments. An IFTS Strategy1 and Performance Management Framework2 have been produced which add transparency and robustness to the process. 15. OPSI has also introduced three new IFTS principles: Maximisation – an obligation to allow others to re-use information; Simplicity – facilitating re-use through simple processes, policies and licence terms; Innovation – supporting the development of new and innovative forms of re-use. 16. These principles sit alongside the three existing IFTS principles of: Transparency – being clear and up front about the terms of reuse, and the policies around it; Fairness – applying terms without any discrimination; Challenge – ensuring that re-use is underpinned by a robust complaints process. 17. Together with the principles and performance management framework, the verification team considers the organisation’s governance and culture, risk management, re-use policies, licensing, pricing, and approach to customer experience and feedback. Documentation review 18. LPS provided documentation in support of the Chief Executive’s commitment which was reviewed by the team prior to the onsite verification. People and Practices 19. In order to see how people in the organisation work and how their work is impacted by the Information Fair Trader commitment, OPSI interviewed a range of LPS staff at all levels who are involved in the policy or practice of information re-use. This included speaking to the Chief Executive and a non-executive director. 1 2 http://www.nationalarchives.gov.uk/documents/ifts-strategy.pdf http://www.nationalarchives.gov.uk/documents/ifts-performance-management-framework.pdf 6 Licence File Review 20. A sample of licensing files was examined. The licence file review provides evidence of adherence to corporate policy and the principles of IFTS in actual transactions. Website review 21. A review of the organisation’s website was carried out from the viewpoint of a potential re-user of information. Licence review 22. OPSI has recommended that LPS reviews its principal commercial licence. Complaints process 23. The customer complaints process was considered by the team. An organisation’s complaints process, both policy and practice, indicates how committed an organisation is to meeting customer needs. Assistance provided by LPS 24. The team appreciates the co-operation and assistance of LPS staff. Following our site visit, any supplementary documents that were requested were provided promptly. Re-Verification Dates 25. The re-verification took place on the following dates: 12-13 March 2012 The re-verification team consisted of an OPSI Standards Manager and a Standards Assessor. 7 PART THREE: KEY CHANGES 26. The intention of an IFTS re-verification is to focus on changes since the previous verification and the re-use policy landscape has changed significantly since our last visit. 27. In April 2009, OPSI introduced new elements to IFTS as documented in part two of this report. 28. The INSPIRE Regulations came into force in November 2009 and LPS continues to represent Northern Ireland interests on the Location Council. 29. In April 2010, Ordnance Survey Great Britain released a significant amount of small and mid-scale mapping data for free. This was an important watershed for public sector information, setting a trend for public bodies that generally charge on a commercial basis to look seriously at releasing some of their data for free. This move was particularly relevant to LPS as a provider of mapping data. There would be significant commercial and citizen re-use benefits available were it possible to use Northern Ireland mapping data on an equivalent basis to that offered in Great Britain. 30. The Government has reinforced its commitment to the principle that data should be freely available in a re-usable format through continued support for the data.gov.uk website and the establishment of the Public Sector Transparency Board and associated thematic transparency boards. 31. In September 2010, The National Archives launched the Open Government Licence. This provides an effective vehicle for public sector bodies wishing to license both commercial and non-commercial re-use on simple terms and without charge. 32. In December 2011, the European Commission released a proposal for amendments to the PSI Directive. This could have significant implications for public sector bodies, notably those that currently charge for their information above marginal cost. 33. In March 2012 the creation of the Public Data Group (PDG) was announced along with the setting up of the Data Strategy Board and Open Data User Group. All four members of the PDG now release a significant amount of data for free. 34. The enactment of new freedom of information provisions in May 2012 is aimed at strengthening the ability to re-use information on straightforward terms. 35. The above developments all point to an increasing expectation that all public sector bodies, even those which have traditionally subscribed to the “user pays” model, should re-examine their approach to information re-use. 8 PART FOUR: HIGHLIGHTS/AREAS FOR IMPROVEMENT Maximisation 36. It is important that IFTS member organisations provide a variety of use and re-use channels and minimise the barriers to re-use. This will typically involve making some data available for free in the interest of promoting wider social and economic benefits. 37. While LPS continues to license its core mapping products diligently, there are two areas in which more could be done to maximise the reuse of LPS data. First, by giving consideration to the release of some small and mid-scale mapping data without charge. Second, by more fully exploring the potential for licensing data from other LPS sectors, land registration being an example. 38. In respect of mapping data, more freely available data would not only be of benefit as far as commercial stimulus and citizen re-use in Northern Ireland is concerned, but there would be significant synergies available through combining the data with equivalent data for Great Britain. 39. With the limited exception of a free town names gazetteer, LPS has a longstanding policy of charging for data on a cost recovery basis and following the “user pays” principle. 40. LPS has put this question to its Minister and, in the absence of an equivalent funding package to that which was put in place to support Ordnance Survey’s open data initiative, it continues to receive support for this stance. 41. Recommendation Given the potential UK-wide benefits that could be achieved through full or partial alignment with comparable free data that is available in the rest of the UK, LPS should formally review its approach to the question of free data and publish a statement on its website recording the outcome of this review. 42. Recommendation While recognising that funds for free data may be limited, LPS should identify candidate datasets for release without charge in order of priority. 43. Regarding data from other parts of LPS, some work has been done to evaluate the potential of licensing more land registration data and some statistical data on house prices is made available, but there has yet to be a systematic survey of the re-use potential of LPS’s wider data holdings. 44. Recommendation LPS to update OPSI on its evaluation of the re-use potential of land registration data and extend its analysis to its valuation and rating data. 45. As far as barriers are concerned, minimum royalty requirements can prevent small and medium enterprises from taking the opportunity to re-use public sector information. LPS has such minimum royalty 9 requirements in place for the commercialisation of products through licensing agreements. Other comparable organisations have reviewed such charges over the last few years and lowered or removed them. 46. Recommendation LPS to review its existing minimum royalty charges with a view to lowering or removing them. Simplicity 47. With the launch of the Open Government Licence and its widespread take-up, there is now a ready-made vehicle for licensing free data on simple terms. 48. Recommendation Where LPS does make information available without charge, it should adopt the Open Government Licence. 49. The licences that LPS offer for a number of types of re-use on its website are succinct and relatively easy to understand and so meet the test of simplicity. 50. Its principal licence for commercial re-use, however, could benefit from review. The document runs to approximately thirty pages and should be edited for clarity. 51. Recommendation LPS should review its principal commercial re-use licence and submit a draft version of the revised licence to OPSI for comment. Fairness 52. Discussion with LPS staff and examination of files has demonstrated that LPS is aware of the need to treat customers equitably. 53. As far as charging for information is concerned, LPS is guided by the principle of cost recovery. However, it is some years since LPS carried out a fundamental review of the basis for its charges. 54. LPS is conscious of the fact that a review of the cost base for the direct supply of bulk data as compared with that for data made available for re-use by valued added resellers would be appropriate. 55. Recommendation LPS to re-examine the cost base of charges for the direct supply of data by comparison with data made available to value added re-sellers. Transparency 56. One element of transparency is for an organisation to be clear on where its public task responsibilities lie in relation to the information it produces. 57. With the proposal to amend the PSI Directive, the question of public task could assume increasing importance. The National Archives has published guidance on producing a public task statement. 10 58. Recommendation LPS should publish a statement of its public task in relation to the information that it collects, holds and disseminates. 59. Provision of clear website information is important. LPS’s website is appended to this report. Our review of Challenge 60. LPS has sound procedures in place for complaint handling. 61. OPSI has not received any formal complaints concerning LPS. 62. However, OPSI does invite customer comments concerning IFTS members and we received representations from the Association of Census Distributors (ACD) prior to our site visit. 63. ACD’s comments on the charges levied for mapping information across the UK, the licensing of Census map references, the application of minimum royalties and the ease of use of licence documents were taken into consideration as part of OPSI’s overall approach to this audit. Innovation 64. A demo/developer licence is available, but on request rather than online and at a significant charge. There is a small amount of sample data available in a re-usable format. The very limited amount of free data that is available for unrestricted re-use limits the extent to which developers and citizen re-users can explore and experiment with LPS data. 65. While LPS has been involved in the provision of an app to support the tourist industry in Northern Ireland, it is not apparent that it has a comprehensive plan in place for supporting innovative re-use. 66. Recommendation LPS to develop a plan for more fully engaging with the application developer community and citizen re-users. 11 PART FIVE: PROGRESS Recommendations of previous verification and if they have been met. Principle Ref Priority Action Taken Status 36 LPS should conduct an audit of its information resources with a view to identifying the data holdings that can be made available for re-use. H LPS has looked at data holdings in land registration and there is a new recommendation to audit valuation and rating information. Carried forward 37 LPS should produce an Information Asset Register (IAR) or an equivalent resource. H The availability of such information that has been identified as available for re-use is listed on the LPS website. Complete 38 Once the organisation has established which data sets can be made available for re-use, it should convene seminars using the ones it currently hosts for prospective licensed partners in the exploitation of its mapping data as a model. M Not applicable until process of identification of new data sources is complete. Not carried forward on the basis that licensed partner process is now more embedded. Complete 42 LPS should consider the observations made in the review when the text of the licences is next updated. M New recommendation made on licence documentation. Openness Compliance Recommendation 12 Carried forward APPENDIX 1: SUMMARY OF RECOMMENDED ACTIONS This is a summary of the recommended actions to: remedy the weaknesses identified; and strengthen the commitment to information fair trading. Innovation Transparency Recommendation Priority 41 Given the potential UK-wide benefits that could be achieved through full or partial alignment with comparable free data that is available in the rest of the UK, LPS should formally review its approach to the question of free data and publish a statement on its website recording the outcome of this review. H 42 While recognising that funds for free data may be limited, LPS should identify candidate datasets for release without charge in order of priority. H 44 LPS to update OPSI on its evaluation of the re-use potential of land registration data and extend its analysis to its valuation and rating data. M 46 LPS to review its existing minimum royalty charges with a view to lowering or removing them. H 48 Where LPS does make information available without charge, it should adopt the Open Government Licence. H 51 LPS should review its principal commercial re-use licence and submit a draft version of the revised licence to OPSI for comment. M 55 LPS to re-examine the cost base of charges for the direct supply of data by comparison with data made available to value added re-sellers. H 58 LPS should publish a statement of its public task in relation to the information that it collects, holds and disseminates. M 66 LPS to develop a plan for more fully engaging with the application developer community and citizen reusers. M Fairness Simplicity Maximisation Principle Ref 13 APPENDIX 2: IFTS WEBSITE ASSESSMENT Organisation: Land and Property Services, Northern Ireland Questionnaire Part 1: Transparent Processes This section considers the transparency of the processes and terms under which a Public Sector Body (PSB) licenses information. Licences 1. Are the PSB’s licences available online? Yes, for the following types of licence: Internal Business Use, Publishing, and Digital Licensing: http://www.dfpni.gov.uk/lps/index/copyright_licensing_publishing.htm It’s main value added reseller contract and associated commercial paperwork is offline. 2. How standardised are the PSB’s licences? Those licences that are viewable online are standardised and categorised. 3. Are the purposes of different licences and their intended audiences explained? Yes, the purpose, usage limits and types of user of each licence are explained and documented on the website. 4. Are any exceptions given? Are they explained/justified? Copyright requirements and the necessity of using the material on an authorised, licensed basis are explained on the Crown copyright page http://www.dfpni.gov.uk/lps/index/copyright_licensing_publishing.htm Personal or internal use is licensed through licences that are viewable online. 5. Would the licences harmonise with those offered by other relevant PSI providers? It is not apparent that the licences that are offered have been benchmarked against those currently offered by Ordnance Survey, 14 Great Britain. The Open Government Licence, which does facilitate the re-use of compatible datasets, is not referred to on the website. Other policy issues 6. Is there a complaints process? Is it explained? Is it online? Yes, http://www.dfpni.gov.uk/lps/index/about-lps/complaint.htm It is also made clear that onward referral of licensing complaints can be made to the Office of Public Sector Information. However, contact details should be updated. 7. Is there a charging policy? Is it online? Yes, http://www.dfpni.gov.uk/lps/lps_pricing_policy-2_1_.pdf 8. Does the PSB flag its membership of IFTS? Yes, http://www.dfpni.gov.uk/lps/index/aboutlps/lps_information_fair_trader_scheme.htm 9. Does the PSB publish its IFTS commitment? Yes, http://www.dfpni.gov.uk/lps/ifts_chief_exec_s_commitment_for_website s-3_1_.pdf 10. Does it explain its IFTS obligations? Yes, http://www.dfpni.gov.uk/lps/index/aboutlps/lps_information_fair_trader_scheme.htm 11. Does the PSB have other feedback mechanisms? Yes, it has a feedback form for comments on its services http://www.dfpni.gov.uk/feedback.htm Questionnaire Part 2: Information Availability This section focuses on the online availability of public sector information held by the IFTS member. 12. Does the PSB make any of its information assets accessible by the web? Yes, through its online map shop https://maps.osni.gov.uk/ and through its provision of sample “Pointer” data https://maps.osni.gov.uk/CMSPages/moreinfo_address_data.aspx, 15 Pointer being the address database for Northern Ireland which LPS maintains. Also, information assets are accessible to public sector users through GeoHub NI http://www.dfpni.gov.uk/lps/index/gi/spatial_ni.htm 13. How significant a portion of the PSB’s information assets are available via the web? A significant amount of information is directly accessible, although much of it remains subject to enquiry and full licence agreement before it can be obtained. 14. Do methods used to implement web access represent good practice, taking into account the nature of the assets in question? Sample data that is available is published in CSV format, which is a convenient, proportional format for this type of data for both publisher and re-users. No registration is required. 15. How does the PSB make discovery of its offline assets possible? Does it have an Information Asset Register or other catalogue? It does not have a formal asset register, but it does prominently display the means by which its key information resources can be accessed http://www.dfpni.gov.uk/lps/lps/index/gi.htm 16. Does the PSB supply provenance information for the datasets it offers, that is information about the quality, collection methods, publication frequency etc? There is information supplied on technical specifications and so forth. 16