ICO announces plan to change public sector publication scheme standards

The Information Commissioner's Office (ICO) announced plans to introduce a new model publication scheme outlining what public sector bodies are obliged to proactively disclose under FOI laws from April next year. It had held a consultation on whether and how to amend its guidance on publication schemes.

In a 'staged' revamp of the publication scheme's framework, the ICO will "review, and where appropriate update" the various sector-specific 'definition documents' it has previously issued", it said. Definition documents set out the ICO's guidance on the types of information it expects public bodies across different sectors to pro-actively publish.

The revised 'model publication scheme' will set out updated standards on the nature and openness of information the bodies are required to produce, the ICO said.

"The feedback [from our consultation] shows that the ICO’s guidance on publication schemes is highly valued, but that a new model publication scheme needs to reflect the advances made in central and local government on transparency," the watchdog said in a statement. "This includes releasing information in reusable formats and reflecting the open data agenda including the Open Government Licence and planned changes to the Freedom of Information Act 2000 to be brought in through the Protection of Freedoms Act."

"The ICO will review and update all sector definition documents, which will explain the information authorities in different sectors should release. Each document will cover a separate sector, from Central Government Departments to schools, in England, Wales and Northern Ireland. A revised Model Publication Scheme will then be introduced on 1 April 2013 which will apply to all sectors, with the definition document providing sector specific guidance to accompany the main scheme," it said.

Under freedom of information (FOI) laws public authorities must "adopt and maintain" a scheme of publishing information, which must be approved by the ICO. The scheme has to "specify classes of information which the public authority publishes or intends to publish, specify the manner in which information of each class is, or is intended to be, published, and specify whether the material is, or is intended to be, available to the public free of charge or on payment".

The ICO's model publication scheme sets out what information public sector organisations must publish in accordance with its responsibilities under the FOI laws.

Currently the ICO's model publication scheme states that public organisations should generally make information, such as what they do, what they spend and how they make decisions, available on their websites.

The Protection of Freedoms Act, which received Royal Assent on 1 May, made changes to the Freedom of Information Act and generally requires that public bodies publish information they are required to under their publication scheme " in an electronic form which is capable of re-use" where it is "reasonably practicable" to do so.

The ICO said it would start by revising the definition documents for central Government departments and principal local authorities and have this done by the end of June. Definition documents for the Welsh and Northern Irish assemblies and Governments will be worked on through the summer, whilst the guidance for police, universities, both Houses of Parliament and joint authorities and board will be reviewed in the final three months of the year.

From January through March 2013 the ICO said it would assess the definition documents for colleges and schools in England, Wales and Northern Ireland prior to the publication of its altered overarching model publication scheme on 1 April next year. The ICO said that there may make changes to its definition documents in the longer term due to legislative changes in areas affecting health and police authorities.

"The Commissioner recognises and welcomes the opportunity to embrace and actively promote the open data initiative through the revision of the model publication scheme and sector definition documents," the ICO said in its 'publication scheme plan for 2012/13'. (4-page / 132KB PDF)

"In the short and medium term the Commissioner considers that it will be helpful and beneficial for public authorities and citizens to develop some of the definition documents in an innovative way to reflect and anticipate changes which have already taken place in certain sectors and those which are imminent. It is with these particular factors in mind that this plan has been developed. The ICO will consult with selected key stakeholders where appropriate to determine the extent and nature of updates required," it said.