Dear Mr Feldman,

FOI16642 – Request for information

Thank you for your e-mail of 11/02/16.

As your request was received by Ordnance Survey on 11/02/16 we will
provide to you a full response within 20 working days as required by the
Freedom of Information Act, therefore by 10/03/16.

In exceptional circumstances it may be necessary for Ordnance Survey to
extend this date to consider a complex public interest argument if
engaging a qualified exemption.  In such cases we will notify you of the
revised date by which we would expect to provide a response.

Should you need to contact Ordnance Survey regarding your request at any
time, please quote the allocated reference number in your correspondence.

Thank you for your enquiry.

Regards

Katie Benn MBA 

Corporate Governance Manager, Ordnance Survey

cid:image003.png@01D04457.077E36E0

L1F4, Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS
Phone: +44 (0) 23 80 055139  Mobile: +44 (0) 7867 464526
 [1]www.os.uk| [2][email address]| [3][Ordnance Survey Limited request
email]

Please consider your environmental responsibility before printing this
email    

This email is only intended for the person to whom it is addressed and may
contain confidential information. If you have received this email in
error, please notify the sender and delete this email which must not be
copied, distributed or disclosed to any other person.

Unless stated otherwise, the contents of this email are personal to the
writer and do not represent the official view of Ordnance Survey. Nor can
any contract be formed on Ordnance Survey's behalf via email. We reserve
the right to monitor emails and attachments without prior notice.

Thank you for your cooperation.

Ordnance Survey Limited (Company Registration number 09121572)
Registered Office: Explorer House
Adanac Drive
Southampton SO16 0AS
Tel: 03456 050505
[4]http://www.os.uk

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Dear Mr Feldman

Request for information – FOI16642

Thank you for your e-mail of 11/02/16, requesting the following
information from Ordnance Survey in accordance with the Freedom of
Information Act 2000 (FOIA):

     Please provide me with a schedule (preferably in a tabular format

     e.g. .csv or .xlsx) of all Derived Data Exemption Requests received

     between 2010 and 2015 to include:

     1. Requesting Organisation (or a unique identifier)

     2. Date of request

     3. Summary of request

     4. Date of decision

     5. Approved or Rejected

     6. Reason for rejection

I can confirm that Ordnance Survey does hold some of the information you
have requested.  Where the information is not held, this is stated.

The exemptions process was first introduced in Ordnance Survey on 1^st
April 2011.  Therefore, information prior to this date does not exist.

Please find attached a spreadsheet of derived data exemption requests
received between 1^st April 2011 and 31^st December 2015 detailing
information in response to questions (1) to (5) above. Please note the
following:

     1. Requesting Organisation (or a unique identifier) – see Column 1 of
the spreadsheet.

     2. Date of request – see Column 3 of the spreadsheet.

     3. Summary of request – see Column 2 of the spreadsheet.

4. Date of decision – see Column 5 of the spreadsheet. Note that where it
is stated ‘streamlined (no decision)’, the request was submitted as part
of the streamlined exemptions process and no decision was required.

5. Approved or Rejected – See Column 4 of the spreadsheet. Note that where
this is blank, the request was part of the streamlined exemptions process.
       

Information in response to question (6) above is not held as the reason
for each rejection is bespoke to each request and is not included in the
enclosed spreadsheet.

However, under our duty to provide advice and assistance in accordance
with s16 of the FOIA, please note that where an exemption request has been
rejected, this will be because it was considered that the risk of release
of the dataset, to OS or our partners, outweighed the positive impacts of
a release of the dataset.

Internal Review
Your enquiry has been processed according to the Freedom of Information
Act (FOIA) 2000. If you are unsatisfied with our response, you may request
an internal review with our FOI Internal Review Officer, by contacting
them as follows:

FOI Internal Review Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
Southampton
SO16 0AS

E-mail: [Ordnance Survey Limited request email]

Please include the reference number above. You may request an internal
review where you believe Ordnance Survey has:

• Failed to respond to your request within the time limits (normally 20
working days)
• Failed to tell you whether or not we hold the information
• Failed to provide the information you have requested
• Failed to explain the reasons for refusing a request
• Failed to correctly apply an exemption or exception

The FOI Internal Review Officer will not have been involved in the
original decision. The officer will conduct an independent internal review
and will inform you of the outcome of the review normally within
20 working days, but exceptionally within 40 working days, in line with
the Information Commissioner’s guidance. 

The FOI Internal Review Officer will either: uphold the original decision,
provide an additional explanation of the exemption/s applied or release
further information, if it is considered appropriate to do so.

Appeal to Information Commissioner's Office (ICO)
If, following the outcome of the internal review, you remain unsatisfied
with our response you may raise an appeal with the Information
Commissioner’s Office at:

The Case Reception Unit
Customer Service Team
The Information Commissioner’s Office
Wycliffe House
Water Lane 
Wilmslow
Cheshire 
SK9 5AF

E-mail: [email address]

Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to
Friday.

Thank you for your enquiry.

Regards

Katie Benn MBA 

Corporate Governance Manager, Ordnance Survey

cid:image003.png@01D04457.077E36E0

L1F4, Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS
 [1]www.os.uk| [2][email address]| [3][Ordnance Survey Limited request
email]

Please consider your environmental responsibility before printing this
email    

This email is only intended for the person to whom it is addressed and may
contain confidential information. If you have received this email in
error, please notify the sender and delete this email which must not be
copied, distributed or disclosed to any other person.

Unless stated otherwise, the contents of this email are personal to the
writer and do not represent the official view of Ordnance Survey. Nor can
any contract be formed on Ordnance Survey's behalf via email. We reserve
the right to monitor emails and attachments without prior notice.

Thank you for your cooperation.

Ordnance Survey Limited (Company Registration number 09121572)
Registered Office: Explorer House
Adanac Drive
Southampton SO16 0AS
Tel: 03456 050505
[4]http://www.os.uk

References

Visible links
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2. mailto:[email%20address]%7C
3. mailto:[ordnance%20survey%20limited%20request%20email]
4. http://www.os.uk/

Dear Dr Feldman,

FOI16657 – Request for information

Thank you for your email of 11/03/16. I have to apologise for the tardiness of this acknowledgement.

As your request was received by Ordnance Survey on 11/03/16 we will provide you with a response within 20 working days, as required by the Freedom of Information Act, therefore by 12/04/16.

In exceptional circumstances it may be necessary for Ordnance Survey to extend this date to consider a complex public interest argument if engaging a qualified exemption. In such cases we will notify you of the revised date by which we would expect to provide a response.

Should you need to contact Ordnance Survey regarding your request at any time, please quote the allocated reference number in your correspondence.

Thank you for your enquiry.

Regards

Katie Benn MBA
Corporate Governance Manager, Ordnance Survey

L1F4, Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS
Phone: +44 (0) 23 80 055139 Mobile: +44 (0) 7867 464526
www.os.uk| [email address]| [Ordnance Survey Limited request email]
Please consider your environmental responsibility before printing this email

show quoted sections

Dear Mr Feldman

Request for information – FOI16657

Thank you for your e-mail of 11/03/16, requesting the following:

“You state that refusals were because OS "considered the risk of release
of the dataset, to OS or our partners, outweighed the positive impacts of
a release of the dataset."  Could you explain how such a decision is
reached and perhaps give some generalised examples?”

Whilst the above request is not a request for “information” under the
Freedom of Information Act 2000 (FOIA), I am happy to provide the
following information in accordance with our duty to provide advice and
assistance under section 16 of the FOIA. 

As previously noted, OS makes a decision to refuse an exemption where OS
considers the risk of release of the dataset, to OS or our partners,
outweighs the positive impacts of a release of the dataset.

To make its decision, OS analyses each request that is made, and considers
a range of criteria in relation to the relevant dataset, including the
following.

• Would granting exemption status have a negative impact on Ordnance
Survey’s commercial business and ability to operate as a sustainable
business, or create a precedent that may have such an impact?
• Would granting exemption status damage Ordnance Survey’s reputation or
brand?
• Would granting exemption status release a dataset that would compete
with (or act as a substitute for) an existing or planned product or
service offered either by Ordnance Survey or by one of Ordnance
Survey’s business partners?
• Would granting exemption status infringe (or potentially infringe) the
IP of a third party?
• Would granting exemption status be for the public good, or in the
public interest?
• Would granting exemption status support the effective delivery of
government or citizen services?
• Would granting exemption status enable greater efficiency in
Government – reducing costs or supporting cross-Government
initiatives?
• Would granting exemption status support government policy; for example
the Transparency agenda and Public Data Principles?
• Would granting exemption status fulfil statutory or legislative
obligations?

Where possible, exemption requests are dealt with by our Pricing and
Licensing Team; this is the case where previous exemption requests have
set an applicable precedent.  Where no precedent applies, the request is
discussed at our Pricing and Trading Group where the pros and cons of
agreeing to exempt the dataset are discussed.  The process is set out in
diagrammatic form below.

In relation to your request for generalised examples of requests which
have been refused, two examples are a Generalised Land Use Dataset and
polygon based planning datasets, as described below.

Generalised Land Use Dataset

This was an early exemption request that was refused.  The derived data in
this example, even with the addition of the applicant’s own attribution
for each point, line or polygon feature to identify land use, clearly
formed a ‘substantial copy’ of Ordnance Survey licensed data, in that the
area shown copied exactly the data from which it was derived; see the two
images immediately below, the first being taken from the Generalised Land
Use Dataset, the second from OS MasterMap Topography Layer.

Planning datasets

There is still ongoing discussion concerning applications to exempt
planning datasets, but a number have been refused an exemption due to the
nature of the relevant dataset for which an exemption was sought.

For example, polygon based planning datasets (see above image for an
example) have been refused where the dataset contained property
boundaries, address, UPRN and X, Y co-ordinates.  The property boundaries
are a substantive copy of the OS features, and as such would have been
likely to have a negative impact on Ordnance Survey’s and our licensed
partners’ commercial business.

It should also be noted that applicants whose exemptions requests have
been refused already have broad licensed use rights under the terms of the
PSMA (or OSMA) Member Licence; these rights enable Members to use the data
for their Core Business (defined as any public sector activity in central
and local government and health services).  Core Business excludes
Commercial and Competing Activities, which instead need to be licensed on
our commercial licence terms, so as to be fair to all our licensees in
compliance with our regulatory obligations.

Internal Review
Your enquiry has been processed according to the Freedom of Information
Act (FOIA) 2000. If you are unsatisfied with our response, you may request
an internal review with our FOI Internal Review Officer, by contacting
them as follows:

FOI Internal Review Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
Southampton
SO16 0AS

E-mail: [Ordnance Survey Limited request email]

Please include the reference number above. You may request an internal
review where you believe Ordnance Survey has:

• Failed to respond to your request within the time limits (normally 20
working days)
• Failed to tell you whether or not we hold the information
• Failed to provide the information you have requested
• Failed to explain the reasons for refusing a request
• Failed to correctly apply an exemption or exception

The FOI Internal Review Officer will not have been involved in the
original decision. The officer will conduct an independent internal review
and will inform you of the outcome of the review normally within
20 working days, but exceptionally within 40 working days, in line with
the Information Commissioner’s guidance. 

The FOI Internal Review Officer will either: uphold the original decision,
provide an additional explanation of the exemption/s applied or release
further information, if it is considered appropriate to do so.

Appeal to Information Commissioner's Office (ICO)
If, following the outcome of the internal review, you remain unsatisfied
with our response you may raise an appeal with the Information
Commissioner’s Office at:

The Case Reception Unit
Customer Service Team
The Information Commissioner’s Office
Wycliffe House
Water Lane 
Wilmslow
Cheshire 
SK9 5AF

E-mail: [email address]

Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to
Friday.

Thank you for your enquiry.

Katie Benn MBA 

Corporate Governance Manager, Ordnance Survey

cid:image003.png@01D04457.077E36E0

L1F4, Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS
Phone: +44 (0) 23 80 055139  Mobile: +44 (0) 7867 464526
 [1]www.os.uk| [2][email address]| [3][Ordnance Survey Limited request
email]

Please consider your environmental responsibility before printing this
email    

This email is only intended for the person to whom it is addressed and may
contain confidential information. If you have received this email in
error, please notify the sender and delete this email which must not be
copied, distributed or disclosed to any other person.

Unless stated otherwise, the contents of this email are personal to the
writer and do not represent the official view of Ordnance Survey. Nor can
any contract be formed on Ordnance Survey's behalf via email. We reserve
the right to monitor emails and attachments without prior notice.

Thank you for your cooperation.

Ordnance Survey Limited (Company Registration number 09121572)
Registered Office: Explorer House
Adanac Drive
Southampton SO16 0AS
Tel: 03456 050505
[4]http://www.os.uk

References

Visible links
1. http://www.os.uk|/
2. mailto:[email%20address]%7C
3. mailto:[ordnance%20survey%20limited%20request%20email]
4. http://www.os.uk/

Dear Mr Feldman,

Many thanks for your comments. I'm glad the information was helpful.

Regards

Katie

Katie Benn MBA
Corporate Governance Manager, Ordnance Survey

L1F4, Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS
www.os.uk| [email address]| [Ordnance Survey Limited request email]
Please consider your environmental responsibility before printing this email

This email is only intended for the person to whom it is addressed and may contain confidential information. If you have received this email in error, please notify the sender and delete this email which must not be copied, distributed or disclosed to any other person.

Unless stated otherwise, the contents of this email are personal to the writer and do not represent the official view of Ordnance Survey. Nor can any contract be formed on Ordnance Survey's behalf via email. We reserve the right to monitor emails and attachments without prior notice.

Thank you for your cooperation.

Ordnance Survey Limited (Company Registration number 09121572)
Registered Office: Explorer House
Adanac Drive
Southampton SO16 0AS
Tel: 03456 050505
http://www.os.uk