Property Searches - IPSA / ICO 16th July 2009 (IPSA are delighted - the ICO share our 'puritan view')

Dear all,

The long awaited ICO guidance on Property Search information and the EIR instigated by IPSA has been published today.

The ICO have taken the matter very seriously and constructed guidance to withstand a legal challenge; this will be a very important factor in the coming months.

Counsels opinion has been sought by the ICO and the resultant guidance fully supports the stance taken by IPSA which you will recall was based on the leading legal opinion obtained by IPSA from Peter McMaster QC.

IPSA and individual board members have consistently maintained the importance of EIR and European legislation; we have always believed the long term benefits of our stance, whilst classed as ‘puritan’ by other trade organisations, would deliver a new platform for data access and data reuse creating new opportunities for members to raise the standard in consumer experience.

Essentially the ICO guidance confirms the following:

• The majority of the information provided by local authorities in response to property search enquiries is likely to be environmental information as defined by the EIR.
• The charging provisions in the CPSR (Local Authorities (England)(Charges for Property Searches) Regulations 2008) do not apply to environmental information.
• Under the EIR a public authority should accept an applicant’s request to inspect the information.
• Environmental information that is inspected by the applicant cannot be charged for.
• Public authorities cannot use the publication scheme provisions of the FOIA to charge for environmental information contained in property search records.
• Information that is not environmental should be considered under the FOIA. In such cases, the CPSR can form the basis for any charging.

With regard to non-environmental property search information the ICO have said "Although much of the information provided in response to property enquiries will be environmental in nature, there may be some which is not… However, we recognise that for an authority to consider each CON29 question in order to establish whether the information is subject to the EIR or the FOIA has the potential to be an overly bureaucratic process. In light of this guidance, an authority may therefore wish to adopt a policy of making all the property search information available on the basis of the principles set out in the EIR."

IPSA will write to every Local Authority enclosing a copy of the guidance and we will continue to lobby Central Government to encourage Local Authorities to now comply with the law.

Many of you will know that IPSA are board members of the PSI Alliance and through this body, have a direct dialogue with the European Commission regarding the actions of the UK government if they do not comply with European Law. We intend to use this facility if necessary.

Many thanks to all members for your support, this is a huge step in the right direction.

We will continue to lead the fight for the rights of members to inspect Public Sector Information.

The guidance is attached.

Best wishes,

Steve Davies                                      Christian Lister                           Dave Kaye

Chief Executive Officer                           IPSA Chairman                               IPSA Founder

07909007072                                      07968512465

Anthony Douglas                                 Jane Foster                                Nina Ashcroft

IPSA Director                                           IPSA Director                                  IPSA Director

The Association of Independent Personal Search Agents Ltd,
Direct House, 87 Church Street, Westhoughton, Bolton, BL5 3RZ.
Registered in England. Company No. 5547806.

www.ipsa-online.org

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