What is the basis for deciding whether the information has a possible commercial re-use? Can the decision be challenged?
A. It is a matter for individual public bodies to consider what information might be available for re-use and on what terms it should be offered. Public bodies may also be able to provide non-standard, value added products to meet the needs of individual customers – in which case the charge would be a matter for negotiation. The Re-use of PSI Regulations 2005 (SI 2005 No. 1515, regulation 15) specifies what may be charged for. In all cases, the public body itself will be required to have a complaints procedure, and if that does not resolve matters, the OPSI complaints procedure can be used.
