Public Rights of Way GIS Data and Descriptions

The request was successful.

Dear Cumbria County 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 https://apps1.wdm.co.uk/Pipcumbriahms/ma... . 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.

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 [1]. 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.

I understand that the re-use question may require some internal consideration, so please don't let this delay the first part of my request -- I'd like to have a copy of the documents even if you're not able to grant permission to re-use them at the moment. In case it is a worry for you, I understand that Ordnance Survey does not claim any IP rights in Definitive Statements [2], and that you are able to release Definitive Map GIS data derived from OS base maps using the PSMA derived data "Presumption to Publish" terms [3,4]. You will see from the website RowMaps [5], that the majority of Highway Authorities have already released their Rights of Way GIS data and licensed them for re-use. However, Cumbria is one of the few counties not listed there.

Yours faithfully,

Robert Whittaker

PS: Other authorities have previously claimed that because these documents are available for inspection they are already "reasonably accessible" under FOI/EIR rules. However, as I live quite a way from Cumbria and work full-time, I don't feel it would be reasonable for me to travel to your offices to inspect the documents there. Also, the ICO has previously ruled that online Rights of Way maps that are available via an authority website do not represent the full underlying data that would be available in a GIS file, so this does not count as being "reasonably accessible" [6]. Finally, if you are contemplating refusing the re-use request for any reason, you might like to review another ICO Decision notice at [7].

[1] http://www.nationalarchives.gov.uk/doc/o...
[2] http://www.ordnancesurvey.co.uk/blog/201...
[3] https://www.ordnancesurvey.co.uk/busines...
[4] https://www.ordnancesurvey.co.uk/busines...
[5] http://www.rowmaps.com/
[6] https://ico.org.uk/media/action-weve-tak...
[7] https://ico.org.uk/media/action-weve-tak...

Information Governance, Cumbria County Council

Dear Mr Whittaker

 

ENVIRONMENTAL INFORMATION REGULATIONS 2004

REFERENCE: EIR 2017-0026

 

Thank you for your request for information regarding Public Rights of Way
GIS Data and Descriptions, which was received on 24 August 2017.

 

The council aims to provide you with the information within the statutory
timescale of 20 working days in this case the date is 22 September 2017. 
Subject to the information not being exempt or containing any references
to third parties.

 

The council will, as a matter of routine make information available in
electronic format.  Where it is not practical to do this information will
be provided in hard copy (paper).  If information is required in
alternative formats e.g. language, audio, large print, etc., please
indicate this as soon as possible so the council can consider your
request.

 

The Freedom of Information Act 2000 and Environmental Information
Regulations 2004 define a number of exemptions/exceptions which may
prevent information being released to you automatically.  The council will
make an assessment about the application of any exemptions/exceptions and
issue you with a decision letter, which will include details of your right
to appeal.

 

If the information you request contains reference to a third party the
council will consult with them prior to making a decision about the
release of information.

 

In accordance with the council’s [1]Charging Policy a fee may be charged
for supplying information.  If a fee is payable you will be issued with a
fees notice.  The applicable fee must be paid in full before the
information is processed and released.  The statutory time limit for
responses is suspended until the council has received and processed your
payment.  If payment is not received within three months of issuing the
fees notice your request will be closed.

 

If you have any queries or concerns about this email then please contact:

 

Information Governance Team

Resources and Transformation

Cumbria County Council, Cumbria House, 117 Botchergate, Carlisle, CA1 1RD

Email: [2][Cumbria County Council request email]

Telephone: 01228 221234

 

 

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References

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2. mailto:[Cumbria County Council request email]

Dear Cumbria County Council,

I am writing to you with respect to an EIR and RoPSIR request (EIR 2017-0026) that I made to you on 24th August 2017 concerning Public Rights of Way information. I believe that your response is now overdue, so I would be grateful if you let me know by return when you will be in a position to respond.

Yours sincerely,

Robert Whittaker

Information Governance, Cumbria County Council

1 Attachment

Dear Mr Whittaker

 

ENVIRONMENTAL INFORMATION REGULATIONS 2004

REFERENCE: EIR 2017-0026

 

Please see attached for a response to your request for information.

 

Yours sincerely

 

Information Governance Team

Resources and Transformation • Cumbria County Council

Cumbria House • 117 Botchergate • Carlisle • CA1 1RD

E: [1][Cumbria County Council request email]

T: 01228 221234

This e-mail contains confidential information (which may also be legally
privileged) and is intended solely for the use of the intended named
recipient. If you are not the intended recipient you may not disclose,
copy, distribute or retain any part of this message or its attachments. If
you have received this message in error please notify the originator
immediately by using the reply facility in your e-mail software. Incoming
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References

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1. mailto:[Cumbria County Council request email]

Dear Cumbria County Council,

Many thanks for your response to my request EIR 2017-0026.

You appear to be claiming that the information is not held. This is fine in terms of the Definitive Statements. But you do admit that you hold the underlying data necessary to show the Rights of Way lines on your map at https://apps1.wdm.co.uk/Pipcumbriahms/ma... . I believe that I was explicit that this data falls within the scope of my request. I do not mind that this data may not be 100% accurate, nor that it has not been proofed against the definitive lines. If it's good enough for you to show on your map, than it will be fine for my purposes.

Hence if you wish to withhold this information (the underlying GIS data), then you will need to cite a specific exemption under EIR. You must also consider my request for permission to re-use the information under RoPSIR. If you are withholding the underlying data, then please consider the re-use request applied instead to the lines that can be viewed on your map. If the latter applies, then please also take note of RoPSIR r11 that places requirements on you to release the information in an open format and machine-readable format.

Yours sincerely,

Robert Whittaker

Information Governance, Cumbria County Council

Dear Mr Whittaker

 

ENVIRONMENTAL INFORMATION REGULATIONS

INTERNAL REVIEW ACKNOWLEDGEMENT

REFERENCE: EIR 2017-0026

 

Thank you for your email received on 25 September 2017. This follows the
disclosure that we sent to you on 25 September 2017 in response to your
request about the Public Rights of Way GIS Data and Descriptions, which
was received on 24 August 2017.

 

As you are dissatisfied with the way your request has been handled your
request will now be considered through the Council’s internal review
process. The internal review will be carried out by Steve Tweedie,
Information Governance & Risk Manager.

 

The internal review stage is an opportunity to consider the request
afresh. The decision about disclosure made by the council will be
considered, in the light of all the relevant information.

 

Following the internal review the Council aims to respond within 20
working days, in this case by 23 October 2017. If for any reason we are
unable to meet that timeframe we will let you know.

 

If you are not satisfied with the council’s internal review you have the
right to appeal to the Information Commissioner (contact details provided
below):

 

First Contact Team

Information Commissioners Office

Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Telephone: 0303 123 1113

E-mail: [1][email address]

Online: [2]ICO Complaints Form

 

If you have any queries please contact us.

 

Many thanks

 

Information Governance Team

Resources & Transformation | Cumbria County Council

Cumbria House | 117 Botchergate | Carlisle | CA1 1RD

t: 01228 221234

e: [3][Cumbria County Council request email]

 

This e-mail contains confidential information (which may also be legally
privileged) and is intended solely for the use of the intended named
recipient. If you are not the intended recipient you may not disclose,
copy, distribute or retain any part of this message or its attachments. If
you have received this message in error please notify the originator
immediately by using the reply facility in your e-mail software. Incoming
and outgoing emails may be monitored in line with current legislation. All
copies of the message received in error should be destroyed. Any views or
opinions expressed are solely those of the original author. This email
message has been scanned for viruses, and declared to be virus free at the
point of exit from Cumbria County Council's network.
http://www.cumbria.gov.uk/_

References

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3. mailto:[Cumbria County Council request email]

Information Governance, Cumbria County Council

9 Attachments

Dear Mr Whittaker

 

ENVIRONMENTAL INFORMATION REGULATIONS 2004

REFERENCE: EIR 2017-0026

 

Please see attached Internal Review response to your information request.

 

Yours sincerely

 

Information Governance Team

Resources and Transformation • Cumbria County Council

Cumbria House • 117 Botchergate • Carlisle • CA1 1RD

E: [1][Cumbria County Council request email]

T: 01228 221234

This e-mail contains confidential information (which may also be legally
privileged) and is intended solely for the use of the intended named
recipient. If you are not the intended recipient you may not disclose,
copy, distribute or retain any part of this message or its attachments. If
you have received this message in error please notify the originator
immediately by using the reply facility in your e-mail software. Incoming
and outgoing emails may be monitored in line with current legislation. All
copies of the message received in error should be destroyed. Any views or
opinions expressed are solely those of the original author. This email
message has been scanned for viruses, and declared to be virus free at the
point of exit from Cumbria County Council's network.
http://www.cumbria.gov.uk/_

References

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1. mailto:[Cumbria County Council request email]

Dear Information Governance,

Many thanks for supplying the requested information and making it available for re-use. For the uses I have in mind it is important to be clear about the precise licence under which the information can be re-used. Your response isn't specific, but could you confirm that it would be acceptable to re-use the information under the Open Government Licence v3 [1], with the text you supplied included as part of the attribution statement?

Many thanks,

Robert Whittaker

[1] http://www.nationalarchives.gov.uk/doc/o...

Information Governance, Cumbria County Council

Dear Mr Whittaker

 

Thank you for your email. Information about Cumbria County Council’s Open
Data license is available online via the link below:

[1]http://www.cumbria.gov.uk/council-democr...

 

Many thanks

 

Information Governance Team

Resources & Transformation | Cumbria County Council

Cumbria House | 117 Botchergate | Carlisle | CA1 1RD

t: 01228 221234

e: [2][Cumbria County Council request email]

 

 

Please use this email address for all replies to this request:

[6][FOI #426921 email]

 

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References

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