Re-use of public sector information

The public sector is one of the largest and most significant sources of information in the UK. This subtopic considers key elements of the legal framework concerning the availability and re-use of public sector information.

Re-use of public sector information

Accessible information produced, held or disseminated by public sector bodies must be made available for re-use (unless otherwise restricted or excluded), at no or minimal cost. Re-use of public sector information means using information created by public sector bodies in the course of their public function(s) for purposes other than those which the information was originally produced for.

Most information produced by central government bodies and Ministers in the UK enjoys Crown copyright status (see below). The majority of Crown copyright information (especially information published online) may be re-used free of charge under the terms of the Open Government Licence (OGL).

Re-use is governed by the Re-use of Public Sector Information Regulations 2015 (RPSI Regulations 2015), SI 2015/1415. The RPSI Regulations 2015 implemented Directive 2013/37/EU amending Directive 2003/98/EC on the Re-use of Public Sector Information. The RPSI Regulations 2015 came into force on 18 July 2015,

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Latest Public Law News

Speech by Lord Sales on regulatory approaches to AI in public administration

The Supreme Court has published a speech given at Singapore Management University by Lord Sales, analysing the rise of automated decision-making (ADM) in government and the emerging divergence in regulatory approaches to AI worldwide. He contrasts the UK's ‘soft law’ approach using guidelines and frameworks with the EU's comprehensive AI Act, noting the role of data protection legislation and the need to examine the full range of policy options being explored in different jurisdictions. Discussing the court’s role in protecting public law values, Lord Sales observes that as ADM increasingly ‘takes over public functions’ it is inevitable that judicial review claims will increasingly concern AI. He examines how cases like R (Johnson) v Secretary of State for Work and Pensions [2020] EWCA Civ 778 and Bridges v South Wales Police [2020] EWCA Civ 1058 demonstrate the capacity of judicial review to respond to some of the associated AI risks, highlighting the judiciary’s role in developing doctrine to embed and defend public law values. While technology develops at pace, Lord Sales notes that these underlying values are likely to remain unchanged, with ‘commitment to legality, transparency, accountability, and human dignity’ remaining ‘central to the legitimacy of public administration’, whether ADM is used or not. In conclusion, Lord Sales, emphasises that robust mechanisms to safeguard public law values must be embedded in ADM design and implementation to ensure that automation serves, rather than undermines, good governance and the rule of law.

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