tag:blogger.com,1999:blog-5574479.post2659320361979796739..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: ICO Gives Guidance on Disclosure of Copyright MaterialVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-3890241148979196032012-08-07T20:22:49.019+01:002012-08-07T20:22:49.019+01:00Although not specifically authorised, public autho...Although not specifically authorised, public authorities are required to follow a code of practice issued by the Secretary of State, which 'must, in particular, include provision relating to...(c) consultation with persons to whom the information requested relates or persons whose interests are likely to be affected by the disclosure of information...' (s. 45(2), FOIA). So perhaps this would have a bearing on how the information is to be delivered if disclosable? <br /> <br />However, the summary of the Commissioner's decision notice FS502766715 on pages 16-17 of the guidance seems to prejudice those requesting information AND third parties: the automatic publication of information in breach of copyright as grounds for refusing a request was rejected. Further, there is no mechanism for third parties to challenge disclosure. This goes against [7.205] of the IPO consultation, which states that '...current exceptions do not permit government departments to make 3rd party documents...available online...'.<br /><br />Perhaps I should have included the caveat also contained in the guidance - 'This guidance sets out the Commissioner's approach to intellectual property rights'...Kate Manninghttps://www.blogger.com/profile/18436254176525179670noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-42136991842024883372012-08-07T17:12:31.202+01:002012-08-07T17:12:31.202+01:00CDPA 1988 Section 50(1) - Acts done under statuto...CDPA 1988 Section 50(1) - Acts done under statutory authority<br /><br />"(1) Where the doing of a particular act is specifically authorised by an Act of Parliament, whenever passed, then, unless the Act provides otherwise, the doing of that act does not infringe copyright".<br /><br />Where, pray tell, does the Freedom of Information Act "specifically authorise" the copying of third party material? Section 11(4) states "a public authority may comply with a request by communicating information by any means which are reasonable in the circumstances". But is it this specific enough? It is "reasonable" for the Government to infringe copyright rather than grant either, per section 11(1)(b) "the provision to the applicant of a reasonable opportunity to inspect a record containing the information", or per section 11(1)(c) "the provision to the applicant of a digest or summary of the information in permanent form or in another form acceptable to the applicant"?<br /><br />By the way, there are some interesting changes proposed to be made in this area. See paragraph 7.198 of the IPO's "Hargreaves" consultation paper at http://www.ipo.gov.uk/pro-policy/consult/consult-closed/consult-closed-2011/consult-2011-copyright.htm .Anonymousnoreply@blogger.com