UK Labour: Communities and Local Government charging regime for data unravels.

Tuesday 28 July 2009 12:13:47 pm

UK Labour: Communities and Local Government charging regime for data unravels.

Dear all,

The ICO has published two section 50 rulings today against Local Authorities in England.

East Riding of Yorkshire – The ICO has ruled Building Control and Traffic data is EIR and the Local Authority must make the data available in 35 days.

Stoke City Council - The ICO has ruled Building Control and Traffic data is EIR and the Local Authority must make the data available in 35 days.


Failure to comply by either Local Authority may result in the ICO making written certification of this fact to the High Court (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court.

Data must be made available under the pricing terms of EIR.

The ICO is not satisfied by the ‘made available under another means’ (CON29R requests) and the payment of a full Local Authority fee. This is because the Charging Regulations (CPSR) acts as a barrier to the data.

The Property Search Industry will now seek reimbursement of fee’s paid under duress / under protest.



Best wishes,

Christian

IPSA Chairman
www.ipsa-online.org