Public Rights of Way GIS Data

Waiting for an internal review by East Riding of Yorkshire Council of their handling of this request.

Robert Whittaker

Dear East Riding of Yorkshire Council,

Under the Environmental Information Regulations, I would like to request a copy of:

1/ The digitised version / working copy of your Definitive Map of Public Rights of Way, e.g. as used to show the routes in the online map at http://walkingtheriding.eastriding.gov.uk/ . My preferred format for this GIS data would be one of KML, GeoJSON, MapInfo or Shapefile. (I realise that this data is not the actual Definitive Map, but just an unofficial representation of it, which may contain errors. But that is fine for my purposes.)

2/ A copy of your Definitive Statements of Public Rights of Way, assuming these are held in digital form (either scanned copies or native digital versions). I would prefer the information in a re-usable (computer readable) format. If the Statement information is already contained in the GIS data (it appears to be present in the "Walking the Riding" site) then that will satisfy this part of the request, and there is no need to provide anything separately.

Secondly, under the Re-Use of Public Sector Information Regulations, I would like to request permission to re-use the information supplied above under the Open Government Licence v3. The purposes for which the information is to be re-used are: (a) to help improve the mapping of Rights of Way in OpenStreetMap, and (b) to convert the datasets to a more convenient format, and then make them available for others to re-use under an open licence.

Yours faithfully,

Robert Whittaker

PS: I understand that similar requests for this information may have been refused by you in the past. If you are considering refusing this request, I would refer you to two ICO decision notices on similar requests I recently made to Cambridgeshire County Council. Following my complaints, the ICO ruled that the data should be released, and re-use permitted under the OGL: https://ico.org.uk/media/action-weve-tak... https://ico.org.uk/media/action-weve-tak...

Kevin Porter, East Riding of Yorkshire Council

2 Attachments

Good afternoon,

Please find attached letter of acknowledgement:-

Regards

Kevin
Kevin Porter
Property Officer (Terrier)
Tel:   (01482) 393941
Email: [email address]
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil

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email is accurate, the Council accepts no liability arising from any
inaccuracy.
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do not constitute formal advice and do not bind the Council to a
particular course of action.

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References

Visible links
1. http://www.eastriding.gov.uk/
2. http://www.twitter.com/East_Riding
3. http://www.facebook.com/eastridingcouncil

Kevin Porter, East Riding of Yorkshire Council

2 Attachments

Good afternoon,

Please find our response to your request:-

Kind regards

Kevin
Kevin Porter
Property Officer (Terrier)
Tel:   (01482) 393941
Email: [email address]
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil

Please don't print this e-mail unless you really need to

Whilst every effort has been made to ensure that the information in this
email is accurate, the Council accepts no liability arising from any
inaccuracy.
Any views expressed are the informal views of the officer concerned, they
do not constitute formal advice and do not bind the Council to a
particular course of action.

The information in this email, and any attachments, are confidential and
intended for the person they are addressed to. If this email was not
intended for you, you may not copy, use or share the information in any
way. Please email [email address] to advise us that you have
received this email in error. East Riding of Yorkshire Council is able to,
and reserves the right to, monitor email communications passing through
its network. The council does not accept service of legal documents by
email. We have made every effort to virus check this email and its
attachments. We cannot accept any responsibility or liability for loss or
damage which may happen from opening this email or any attachment(s). We
recommend that you run an antivirus program on any material you download.
    

References

Visible links
1. http://www.eastriding.gov.uk/
2. http://www.twitter.com/East_Riding
3. http://www.facebook.com/eastridingcouncil

Robert Whittaker

Dear East Riding of Yorkshire Council,

Many thanks for your response to my EIR request for your Public Rights of Way GIS data (EIR19/KP). I am disappointed that you have chosen not to release the data as requested. Whether or not you believe an exemption could be applied, it is still within your purview to comply anyway.

Please consider this a request for an internal review of your decision to apply EIR 6(1)(b) to refuse the request. While you are correct that the Decision Notice I referred you to also involved information not available at all via the council's online map, the ICO also ruled that the map itself only provided a summary of the full geographic data available in the underlying GIS files/database. (The rendering of the routes on the map does not reveal the full coordinates and locations of the waypoints in the underlying GIS dataset.) You can see the distinction in the Decision Notice at https://ico.org.uk/media/action-weve-tak... where paragraph 20 refers to the coordinate and geographic route data, while paragraph 21 refers to the other data not available at all via the map. Accordingly I would as that you revise you position, and provide the GIS coordinate data as requested.

Secondly, I would also refer you to s19(2A) of the Freedom of Information Act. It is a requirement for you to have a Publication Scheme that includes certain provisions for the publication of datasets. I have requested your PRoW dataset and if EIR 6(1)(b) does indeed apply to some of the information, then you are publishing those parts of the dataset. FOIA s19(2A)(b) then requires you to make those parts available "in an electronic form which is capable of re-use" if it would be "reasonably practicable" for you to do so. Placing the underlying data files online would be a simple task. Since you are not doing so, please consider this as a complaint that you are failing to comply with your FOIA Publication Scheme.

Finally, as far as my re-use request is concerned, if you are relying on EIR 6(1)(b) then the information is not exempt, you merely don't have to provide it in the requested format. Please therefore consider the re-use request for the Rights of Way information that is accessible via your online map.

Yours faithfully,

Robert Whittaker

Freedom of Information, East Riding of Yorkshire Council

1 Attachment

Dear Mr Whittaker,

Thank you for your recent email which I have forwarded to the relevant
service area.  You may wish to correspond with the officers direct who
provided you with the response.

Yours sincerely,

Freedom of Information
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil

From:        Robert Whittaker <[FOI #412714 email]>
To:        FOI requests at East Riding of Yorkshire Council
<[East Riding of Yorkshire Council request email]>
Date:        04/07/2017 17:47
Subject:        Internal review of Freedom of Information request - Public
Rights of Way GIS Data

--------------------------------------------------------------------------

Dear East Riding of Yorkshire Council,

Many thanks for your response to my EIR request for your Public Rights of
Way GIS data (EIR19/KP). I am disappointed that you have chosen not to
release the data as requested. Whether or not you believe an exemption
could be applied, it is still within your purview to comply anyway.

Please consider this a request for an internal review of your decision to
apply EIR 6(1)(b) to refuse the request. While you are correct that the
Decision Notice I referred you to also involved information not available
at all via the council's online map, the ICO also ruled that the map
itself only provided a summary of the full geographic data available in
the underlying GIS files/database. (The rendering of the routes on the map
 does not reveal the full coordinates and locations of the waypoints in
the underlying GIS dataset.) You can see the distinction in the Decision
Notice at
[4]https://ico.org.uk/media/action-weve-tak...
where paragraph 20 refers to the coordinate and geographic route data,
while paragraph 21 refers to the other data not available at all via the
map. Accordingly I would as that you revise you position, and provide the
GIS coordinate data as requested.

Secondly, I would also refer you to s19(2A) of the Freedom of Information
Act. It is a requirement for you to have a Publication Scheme that
includes certain provisions for the publication of datasets. I have
requested your PRoW dataset and if EIR 6(1)(b) does indeed apply to some
of the information, then you are publishing those parts of the dataset.
FOIA s19(2A)(b) then requires you to make those parts available "in an
electronic form which is capable of re-use" if it would be "reasonably
practicable" for you to do so. Placing the underlying data files online
would be a simple task. Since you are not doing so, please consider this
as a complaint that  you are failing to comply with your FOIA Publication
Scheme.

Finally, as far as my re-use request is concerned, if you are relying on
EIR 6(1)(b) then the information is not exempt, you merely don't have to
provide it in the requested format. Please therefore consider the re-use
request for the Rights of Way information that is accessible via your
online map.

Yours faithfully,

Robert Whittaker

-------------------------------------------------------------------
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show quoted sections

Terrier, East Riding of Yorkshire Council

1 Attachment

Good afternoon,

Please find attached a letter confirming a review is being carried out.

Kind regards

Kevin
Kevin Porter
Property Officer (Terrier)

Please Note : The Terrier Inbox is monitored by all personnel in the
Terrier Section. Please do NOT send personal emails to this box.

Please don't print this e-mail unless you really need to
Whilst every effort has been made to ensure that the information in this
email is accurate, the Council accepts no liability arising from any
inaccuracy.
Any views expressed are the informal views of the officer concerned, they
do not constitute formal advice and do not bind the Council to a
particular course of action.
The information in this email, and any attachments, are confidential and
intended for the person they are addressed to. If this email was not
intended for you, you may not copy, use or share the information in any
way. Please email [email address] to advise us that you have
received this email in error. East Riding of Yorkshire Council is able to,
and reserves the right to, monitor email communications passing through
its network. The council does not accept service of legal documents by
email. We have made every effort to virus check this email and its
attachments. We cannot accept any responsibility or liability for loss or
damage which may happen from opening this email or any attachment(s). We
recommend that you run an antivirus program on any material you download.
    

Dear East Riding of Yorkshire Council,

I'm writing to you regarding an EIR request I made some time ago, which you assigned the reference EIR19/KP. A full history of the request can be found online at https://www.whatdotheyknow.com/request/p... . I asked for a review of your initial decision on 4th July 2017, and in your acknowledgement you promised a response by 30th August. I have not yet received this response, so I am wondering what has happened to it. I believe that you have a legal duty under EIR r11(4) to conduct the requested review and communicate the outcome to me "as soon as possible and no later than 40 working days after the date of receipt of the representations".

Yours faithfully,

Robert Whittaker

Kevin Porter, East Riding of Yorkshire Council

1 Attachment

Good afternoon Mr Whittaker,

Thank you for your email.

I spoke with the reviewing officer early August and was informed that a
decision had been made and that the response was being sent out to you. I
was some what surprised when I received your email indicating that you had
not received a response regarding the appeal decision.

I raised the contents of your email with the reviewing officer and he is
very apologetic, that it has not been sent out to you. I understand a
response will be sent out to you as a matter of urgency.

Copy of your email below.

Kind regards

Kevin
Kevin Porter
Property Officer (Terrier)
Tel:   (01482) 393941
Email: [email address]
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil

Please don't print this e-mail unless you really need to

Whilst every effort has been made to ensure that the information in this
email is accurate, the Council accepts no liability arising from any
inaccuracy.
Any views expressed are the informal views of the officer concerned, they
do not constitute formal advice and do not bind the Council to a
particular course of action.

Dear Kevin Porter,

Many thanks for chasing this up for me. However, it's now been another week, and I still have not received a response. Perhaps you could look into this again for me.

Yours sincerely,

Robert Whittaker

Mathew Buckley,

2 Attachments

Dear Mr Whittaker

Please find attached a response to your enquiry.

(See attached file: MB204_Letter to Mr WhttakerERI19MB204_NH.pdf)

Kind regards

Kim Gill (on behalf of)
Mathew Buckley
Head of Legal and Democratic Services
Tel:   (01482) 393100
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil

The information in this email, and any attachments, are confidential and
intended for the person they are addressed to. If this email was not
intended for you, you may not copy, use or share the information in any
way. Please email [email address] to advise us that you have
received this email in error. East Riding of Yorkshire Council is able to,
and reserves the right to, monitor email communications passing through
its network. The council does not accept service of legal documents by
email. We have made every effort to virus check this email and its
attachments. We cannot accept any responsibility or liability for loss or
damage which may happen from opening this email or any attachment(s). We
recommend that you run an antivirus program on any material you download.
    

References

Visible links
1. file:///tmp/www.eastriding.gov.uk
2. file:///tmp/www.twitter.com/East_Riding
3. file:///tmp/www.facebook.com/eastridingcouncil

Dear East Riding of Yorkshire Council,

Many thanks for your belated response to my request for an internal review of your previous decision on EIR19/KP. I am very disappointed with your response, which shows little evidence of any consideration of some of the points I raised. I will therefore be writing to the Information commissioner to request a s50 determination in this case.

In the mean time and in the interests of expediency, I would urge you to look again at this case, and provide a more detailed response. In particular:

1/ Your review did not appear to consider the Information Commissioner's previous ruling that displaying the routes on an online map only constituted a summary of the information that would be available with the precise geographic coordinates (paragraph 20 of https://ico.org.uk/media/action-weve-tak... ) and hence EIR 6(1)(b) cannot be applied here. You must either drop your reliance on EIR 6(1)(b) or explain in detail why the ICO is mistaken.

2/ I believe that you are wrong in law when stating that FOI publication schemes do not apply to Environmental Information. FOIA s39 exempts Environmental Information from the rights of access under FOIA s1, but not from the other provisions of FOIA. However, I think this is actually a moot point, as FOIA s19(2AA) presumably applies here. In which case, when you are responding to 3 below, please have regard for regulation 11 of the Re-Use of Public Sector Information Regulations (RoPSIR), and ensure that the information is provided in an open machine-readable format.

3/ You do not appear to have considered at all my re-use request for the information that you admit that you are already making available via your online map. Please do so now under RoPSIR.

A full history of my request and the subsequent correspondence can be found online at https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Robert Whittaker

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