Open Data Request ODR – 004

Under the Open Data Directive to request the publication of the LEAP Online data in open access format

RTK submit that LEAP Online is a) high-value dataset, and b) environmental data

RTK further submit that LEAP Online is a) not in an open format, b) not available via API, c) not real-time, and d) not available as a bulk download

Please note:

This request is being made under the Open Data and Re-use of Public Sector Information Directive, commonly known as the Open Data Directive.  The Open Data Regulations which transposed the Directive into Irish law, SI 376/2021, provide that a public sector body should respond to an Open Data request:

·         within 20 working days from receipt of the request, 

·         or if a complex request, within 40 working days.”

I, Eileen Carroll, the EPA Open Data Liaison Officer, have now made a final decision. I will explain the details below:

Regulation (EU) 2023/138 of 21 December 2022 laying down a list of specific high-value datasets and the arrangements for their publication and re-use.

Under the new Commission Implementing Regulation (EU) 2023/138 of 21 December 2022,  the list of specific high-value datasets and the arrangements for their publication and re-use are laid down in this new regulation.  The EPA Thematic High-Value Datasets are identified under the following categories:

·         Geospatial Postcodes: national and local maps (cadastral, topographic, marine, administrative boundaries, etc.).

·         Earth observation and environment Space and in situ data: (monitoring of land and water quality, energy consumption, emission levels, etc.).

Under Article 6, ‘Entry into force and application’ states:

‘This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 16 months after entry into force of this Regulation’.

Therefore, the deadline date for the implementation of High-Value datasets is June 2024. Under the remit of this regulation, the EPA is working towards releasing the geospatial and earth observation and environment space priority high-value datasets before this deadline date.

Please see a link to the regulation: EUR-Lex – 32023R0138 – EN – EUR-Lex (europa.eu).

Leap Online

When Phase 2 is launched later in 2023, LEAP Online will be the portal for publishing around 10,000 documents per annum across our enforcement activities.  Prior to the publication of each document on LEAP Online, the EPA must carry out a check of each document to ensure that (1) the document does not contain any personal data that might be in breach of the GDPR (2) the document does not contain a defamatory, vexatious or misleading content (3) we confirm that the data is correct and consistent with what has been previously provided to the EPA. 

In other words, we must check that the data is credible and accurate.  Given the volume of documents that we receive and the nature of the work, we carry out (necessitating that inspectors are frequently out on site), making these documents available in real-time would exceed the financial and technical capabilities of the EPA and would therefore impose a disproportionate effect.  The EPA are of the view that publication of the data after a 30-day delay does not impair the exploitation of the economic and social potential of the data.  This is provided for under section ‘Available format’ 7(5)  of the  S.I. No. 376/2021 – European Union (Open Data and Re-use of Public Sector Information) Regulations 2021.

‘Where making dynamic data available for re-use immediately after collection, as referred to in paragraph (4), would exceed the financial and technical capacities of the public sector body or public undertaking, thereby imposing a disproportionate effort, those dynamic data shall be made available for re-use within a time-frame or with temporary technical restrictions that do not unduly impair the exploitation of the economic and social potential of the data.’

As part of phase 2 of the launch, several LEAP API’s will be released and available to the public.

In the event that you are not happy with this decision or information, you can appeal in relation to this matter, you can do so by writing to the Office of the Information Commissioner. You should make your appeal within 20 working days from the date of this notification, where a day is defined as a working day excluding the weekend and public holidays. However, the making of a late appeal may be permitted in appropriate circumstances.

Should you wish to make such an appeal in writing, please use the details below:

The Office of the Information Commissioner

6 Earlsfort Terrace,

Dublin 2,

D02 W773

Alternatively, you may appeal using the Information Commissioner’s online application form, which can be located at:

Re-Use Of Public Sector Information | OIC

If an application for review is made by you and accepted, the Information Commissioner will fully investigate and consider the matter and issue a fresh decision.