Circular 20/2021 – Open Data Directive
Timeframes
The timeframe for a request under the Open Data Directive is 20 days, with the possibility of an extension of an additional 20 days
“Any person can make a request and requests must be dealt with within 20 days in accordance with procedures set out in Regulation 6 of SI 376/2021. Please note the response time may be extended to 40 days where the request is extensive or comprehensive.”
Appeals to OIC
Refusals (or ghosting the original request, which is deemed to be a refusal), do not need to be submitted for Internal Review (unlike FOI/AIE requests), and can go direct to the OIC by way of Appeal. This should speed up the process. As of Jan 2022, OIC have received no appeals.
Which Public Sector Bodies are covered
The Regulations apply to ALL public sector bodies, with certain exceptions, notably educational, research (apart from publicly funded research data) and cultural organisations.
Publicly funded research data held by researchers, research performing organisations and research funding organisations has been brought under the scope of the Directive.
Does Open Data apply to public undertakings
Public Undertakings also come under the scope of the Directive. These refer to entities entrusted with the provision of public services – water, energy, transport, postal services, public transport services by rail and road, air carriers or marine transport services which are funded or governed by public bodies. Public undertaking are encouraged to provide data for reuse, but are not required to comply with the request regime.
Where Public Undertakings make their data available for re-use they must do so in compliance with the provisions in the Directive relating to open formats, charging, exclusive arrangements etc
Fees
There are no fees but note, that this is subject to some exceptions and if charges are applied these must be clearly set out on the website of the charging organisation. The position with regard to charging and how charges may be calculated are set out in Regulation 8, Charges for Re-Use, of SI 376/2021.
Public sector bodies who are allowed to charge above the marginal rate, in accordance with Regulation 8 of SI 376/2021, must notify the Open Data Unit in DPER in order to be included in the published list of such bodies. Here is the relevant SI: https://www.irishstatutebook.ie/eli/2021/si/376/made/en/print
Open Data Disclosure Logs
There is no requirement to publish Open Data Disclosure Logs, but note Under Regulation 4 of SI 376/2021 all Departments/Offices and relevant bodies under their aegis are obliged to supply to the Minister for Public Expenditure and Reform with information as requested from time to time, such as open data progress reports. So from a practical perspective an applicant can use FOI/AIE to request Open Data Progress Reports.
My personal opinion is that Open Data Disclosure Logs will be introduced by some public bodies, in the same way that some publish AIE Disclosure Logs (which they do not have to publish). Forcing applicants to use AIE process to request AIE Disclosure Logs is just silly, so likely be sorted out.