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answering body	Department for Digital%2C Culture%2C Media and Sport
ddp created	2018-11-13T21:55:21.447Z

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registered interest

date

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answering body

answering dept id

answering dept short name

answering dept sort name

hansard heading

house id

legislature


pref label

question text

tabling member printed

uin

answer

is ministerial correction

date of answer

exactly:

or between:
and

answer text

answering member printed

question first answered

answering member


label

tabling member


label

1006667

registered interest

date

13/11/2018

answering body

Department for Digital, Culture, Media and Sport

answering dept id

answering dept short name

Digital, Culture, Media and Sport

answering dept sort name

Digital, Culture, Media and Sport

hansard heading

Museums and Galleries: Copyright

house id

legislature

25277

pref label	House of Lords

question text

To ask Her Majesty's Government, further to the Written Answer by Lord Ashton of Hyde on 12 November (HL11086), which stated that "Complaints about charges for re-use by museums and galleries may be referred to the Information Commissioner for a binding decision”, whether this is consistent with the Information Commissioner’s Office (ICO)’s Guide to RPSI, which states that it “can issue a decision notice, unless the complaint concerns charges above marginal cost, in which case we make a non-binding recommendation”, and the ICO’s Decision Notice FS50619465 of 4 April 2017, which states that it can “only make recommendations in respect of any charges levied under the RPSI.

tabling member printed

Lord Freyberg

uin

HL11447

answer

is ministerial correction

date of answer

26/11/2018

answer text

The Information Commissioner’s (ICO) guidance summarises the general issue of charging for re-use, but does not go into specific details beyond this. Regulation 19 of RPSI states that in the case of bodies subject to regulations 15 (3) (a) or (b), complaints about re-use charges are subject to recommendation only by the Information Commissioner and appeals against recommendations can lead to a binding decision at tribunal. Museums and galleries’ charging falls under regulation 15 (3) (c), meaning that the usual redress route of a binding decision by the Information Commissioner applies. The ICO have confirmed they will be updating their guidance to make this clear.

answering member printed

Lord Ashton of Hyde

question first answered

26/11/2018 12:11:06

answering member

4247

label	Biography information for Lord Ashton of Hyde

tabling member

2593

label	Biography information for Lord Freyberg