PSIH warns PSI Re-users
The Harrogate Borough Council ( a public sector information holder) has written to the Harrogate Law Society and All Estates Agents and Solicitors in or surrounding the Harrogate District setting out how their public sector data holdings must be used.
The letter brings out a range of issues relevant to the European Union Directive 2003/98/EC and the UK transposition Re-use of Public Sector Information Regulations 2005 Statutory Instrument 2005 - 1515.
The basis for the Harrogate Borough Council letter is stated as The Home Information Pack Regulations 2007 Statutory Instrument 2007 - 992.
One of the key PSI Re-use issues that arises within the Harrogate Borough Council letter is that of Game Keeper come Poacher (Public Sector Information Holder holds the data, offers a service, places conditions on use and monitors compliance) in that Harrogate Borough Council has stated in the letter:
“Please note that Harrogate Borough Council and North Yorkshire County Council does not have a policy of not allowing others to inspect its records. In fact this Authority has a written policy of providing answers to all Con 29 enquiries to anyone who requests such information on payment of a fee which is set on a pure cost recovery basis. This has been in place since April 2006. Therefore you should not be including in your HIPs any Personal/Local Authority Searches for the whole of the Harrogate District unless all questions on the Local Authority Search (Con 29) have been properly answered.”
“Please note that it is my intention to monitor the contents of HIPs throughout the District to enrue the Regulations are properly complied with.”
UK Government Minister Ruth Kelly, Secretary of State for Communities and Local Government, makes a statement to the UK Parliament (House of Commons) that the Government has deferred the implementation of Home Information Packs (Statutory Instrument 2007 – 992) following legal action taken by the Royal Institute of Charter Surveyors (RICS).
The RICS response to the Minister’s statement indicates that there remains a difference of opinion!
PSI Pricing 1: Impact Analysis in the Context of the PSI Directive
The OFT Property Searches Report
Related ePSI plus Forum Topics
not very PSI friendly in the UK at the moment
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