Corporate Address Gazetteer

ODI Aberdeen made this Freedom of Information request to Aberdeen City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Aberdeen City Council.

Dear Aberdeen City Council,

Please provide a copy of the council's Corporate Address Gazetteer in geojoson format, with the postcodes removed in order to comply with Royal Mail copyright. More info: https://tinyurl.com/ycysjqls

Yours faithfully,

ODI Aberdeen

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Smith,

 

Information enquiry reference FOI-17-1816.

 

Thank you for your recent request for information, which we received on 28
November 2017.   

 

The scheduled date for our response to your request for information is on
or before 29 December 2017.

 

Just to highlight that you did not provide a full name in your request,
however, we applied the name which you advised in your e-mail of 27
November 2017.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

Salomeh Kheyri Rad

Information Compliance Officer

 

 

Information Compliance Team
Customer Service
Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

[2]www.aberdeencity.gov.uk

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Smith,

 

Thank you for your information request of 27 November 2017.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

 

Please provide a copy of the council's Corporate Address Gazetteer in
geojoson format, with the postcodes removed in order to comply with Royal
Mail copyright.

Aberdeen City Council creates and maintains a Corporate Address Gazetteer
that captures and stores street names and numbering and property
addresses. The CAG is a definitive database of address information that
includes geographic location for individual properties and aims for the
sharing and consistent use of address information.  The CAG is held by ACC
and all local authorities in Scotland feed similar CAG information into
the national address gazetteer (One Scotland Gazetteer). Managing the CAG
is an ongoing process and a key component of the council’s wider
modernisation agenda.

 

The information requested comprises the CAG in a format (geojson) which
includes spatial information, i.e. coordinates.  The coordinates have been
captured using Ordnance Survey mapping / addressing so this would retain
Ordnance Survey Intellectual Property Rights, and ACC would not be allowed
to release this information without explicit authorisation from Ordnance
Survey.

 

The coordinates are available through other means, by contacting Ordnance
Survey and seeking  commercial licensing.

 

Aberdeen City Council considers that the release of such coordinate
information would substantially prejudice the commercial interests of
Ordnance Survey, and hence would be exempt from disclosure under section
33(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA).  Such
prejudice would arise from the fact that, even if the information were
released with the appropriate copyright/database right acknowledgement, it
would be difficult to monitor the subsequent use of the address data, and
there would be considerable costs incurred by Ordnance Survey in
monitoring use and taking enforcement action against infringers.

 

Even if coordinates and post codes are removed ACC still use licensed
Ordnance Survey products to create house names, numbers and street names
meaning the exemption applies to the addresses as well.

 

ACC is unable to provide you with information on Corporate Address
Gazetteer as it is exempt from disclosure.  In order to comply with its
obligations under the terms of Section 16 of the FOISA, ACC hereby gives
notice that we are refusing your request under the terms of Section
33(1)(b) – Commercial Interests - of the FOISA.

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

Thanks for your reply.

Your reply is incorrect. For some years it was a straightforward matter for the council to obtain OS consent for derived data (such as in this case). The guidance is here, and has been in place for many years:

https://www.ordnancesurvey.co.uk/busines...

Other authorities have published their CAGs - Glasgow several years ago, for example.

However, since March 2015 OS has operated a presumed consent system:
https://www.ordnancesurvey.co.uk/busines...

I would be obliged if your would now make this data available under OGL in geojson or similar so that the public can re-use it.

Yours sincerely,

George Smith
ODI Aberdeen

Dear Aberdeen City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Aberdeen City Council's handling of my FOI request 'Corporate Address Gazetteer'.

I submitted a follow-up on 19th January but this has not produced the information which I sought.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Geo Smith
ODI Aberdeen

Foi Enquiries, Aberdeen City Council

Dear Mr Smith,

 

I refer to your email of 19 January 2018 requesting that Aberdeen City
Council (ACC) review its handling of your request.

 

Please see below the outcome of your review.

 

Following receipt of your review request, we contacted Ordnance Survey
(OS) to investigate the difference between the advice we had been provided
with upon receipt of your request and the advice provided by you in your
review request.

 

OS advised us:

 

‘the release of such coordinate information would substantially prejudice
the commercial interests of Ordnance Survey, and hence would be exempt
from disclosure under section 33(1)(b) of the Freedom of Information
(Scotland) Act 2002 (FOISA).’

 

This is because we have derived the co-ordinates from Ordnance Survey
products. ACC’s CAG 'substantially copies' OS Licenced Data, includes the
use of x,y co-ordinates and/or UPRN from OS addressing products. It also
contains Royal Mail or another third party’s data.

 

In relation to the ‘presumption to publish’ information you provided us
with, OS had the following comments:

 

‘The principle of our new approach on the “presumption to publish” is
that:

 

• Members will be able to release any derived dataset they produce as part
of their core business activity that does not substantially copy any of
our Licensed data and is not a Commercial or Competing Activity.’

 

As ACC has substantially copied OS licenced data, the ‘presumption to
publish’ is not applicable and we cannot provide the requested information
without breaching Section 33(1)(b) of the Freedom of Information
(Scotland) Act 2002 (FOISA).

 

As such, ACC upholds its response to your request.

 

If you have any queries regarding the above, please do not hesitate to
contact me.

 

Yours sincerely,

 

Grant Webster

On behalf of Review Panel Clerk

 

FURTHER INFORMATION

 

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

FIFE

KY16 9DS

[1]www.itspublicknowledge.info 

 

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice.  When applying to OSIC for a
decision you should give your name and address for correspondence.  Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

 

● Which request for information your requirement for review relates to

● The reason that you asked ACC to carry out a review of your request

● The reason why you are not satisfied with ACC's review outcome decision

 

The Commissioner will contact ACC and invite its comments on your
application.  Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable.  You will
receive written notice of the outcome of the Commissioner’s decision.

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[2][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[3]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. http://www.itspublicknowledge.info/
2. mailto:[Aberdeen City Council request email]
3. http://www.aberdeencity.gov.uk/