On 17 November 2009, the Prime Minister announced that the public will have greater access to a range of Ordnance Survey data from April 2010, as part of a Government drive to improve efficiency and transparency. The Prime Minister announced this change at a joint event with the government’s information tsar, Sir Tim Berners-Lee, who is responsible for advising on freeing-up up public data, along with Nigel Shadbolt, professor of artificial intelligence at Southampton University.
The Guardian Free Our Data Campaign reported in an article entitled Ordnance Survey Maps To Go Free Online on 17 November 2009 that the move signals a u-turn after Ordnance Survey said, earlier this year, that moving to a free model would cost between £500m and £1bn over the next five years. However, the Guardian argued that a separate study by a team at Cambridge University and commissioned by HM Treasury, found that making all OS data free would cost the government £12m and bring a net gain of £156m.
In another article entitled OS mapping data: a new landscape unfolds on 18 November 2009, the Guardian wrote that the OS landmark decision to free up its mapping data signals that the Guardian’s Free Our Data Campaign has scored a “major victory”. The campaign, which started in Guardian Technology in March 2006, has over the years reported various examples of companies being unable to re-use OS maps citing costs and derived data as the reason.
The OS announcement is subject to a consultation period which begins in December 2009 so that OS customers can comment on the proposals. Sir Tim Berners-Lee said that the revised terms for use of OS maps would also remove the "derived data" problem, under which OS claims copyright on any intellectual property that is created with reference to an OS map.
On 18 November 2009, The Times published an article by Sir Tim Berners-Lee and Professor Nigel Shadbolt entitled Put in your postcode, out comes the data where they talk about the benefits of free data. They wrote: “Yesterday the Prime Minister announced at a meeting with us that data from Ordnance Survey maps would be made available online free of charge. The Cabinet Office has also launched a developer’s version of a website — known as data.gov.uk — which will be publicly launched at the start of next year. It is home to more than 1,100 datasets ranging from traffic counts on the road network, through reference data on schools to the Farm Survey. More than 1,000 people are helping us to put the site through its paces. We have demonstrated that we can integrate a whole range of data about your postcode — ranging from crime statistics to recycling, from travel times and timetables to adult education and healthcare provision. We have shown that freeing data is practical and economic to do.”
APPSI’s Deputy Chairman, Peter Wienand, set out his views in an email to his fellow members following the announcement on 17 November. He wrote:
“This afternoon's announcement by the Prime Minister that Ordnance Survey (OS) will open up certain categories of map data to the public from 1 April is a potentially radical step in opening up public sector information (PSI) – see: Opening up mapping data. It is the latest twist in a debate whose outcome has, until very recently, remained clouded in uncertainty. In part, it is a tribute to the contribution that Sir Tim Berners-Lee, the creator of the World Wide Web, has been able to make to that debate (he has been advising the UK Government since June on how to make data public sector information more accessible to the public).
It is a step that will have significant repercussions, not only in the use of mapping data and the market for geographical information systems (GIS), but potentially in the whole area of public data and its re-use.
The announcement represents a major recognition, at a time of public sector funding constraint, that OS mapping data is a critical public asset which should be made freely available, rather than licensed in return for royalty income to fund its activities. OS is one of a number of "trading funds", UK Government Departments or executive agencies which are financed in whole or in part through their own commercial activities. However, the imperative to raise money from commercial activity has created tensions between trading funds and re-users of public sector information. These tensions were highlighted in the OFT's 2006 market study, "The Commercial Use of Public Information" (see: the CUPI Study), which concluded that improvements could be made to the supply of public sector information and that, if they were, the contribution of PSI to the UK economy could be increased to a figure of at least £1 billion annually.
Another key step in the debate was the publication in 2008 of a report jointly commissioned by the UK Treasury and the then department for Business, Enterprise and Regulatory Reform (BERR), "Models of Public Sector Information Provision via Trading Funds" (see: the Cambridge Study). This compared four different charging policies in terms of the cost and benefits for society, and the effects on the government revenue. Subject to various qualifications, the study concluded that the benefit to society of moving to a marginal cost regime outweighed the costs.
This was followed in turn by a review by the Shareholder Executive of the supply of public sector information by the Trading Funds. In April of this year an announcement was made in relation to the business model for OS which indicated that it would be continue to be self-funded and earn revenue by licensing its data, while making it easier for customers and other businesses to access its data and services (see: OS Business Strategy).
But today's announcement appears to envisage a more radical future than was being canvassed only six months ago. It has profound implications for OS, other trading funds, the Government and re-users (both commercial and non-commercial) of trading fund data.
It is worth noting that the data which has been identified for release is data relating to electoral and local authority boundaries, postcode areas and mid-scale digital mapping data. The highest-specification OS products and services – such as those used by property developers or the utility companies – would be charged for on a cost-reflective basis. So the move is not quite as radical as may appear at first sight.
However, it is still a significant step. Not all the practical implications of the announcement have yet been worked through. This may take some time, hence the delay of the implementation of the changes to 1 April, and OS have announced a consultation from December (see: OS consultation). In particular:
- a review of how OS is funded will be needed, possibly drawing on some of the options that were being looked at by the Shareholder Executive;
- OS licence terms will need to be redrafted and its licensing strategy re-structured; the data that is going to be released freely might be licensed under the 'Click-use' licence, for example;
- businesses that have, to date, relied on receiving the data under licence, which they have then bundled into other value-added products and services will need to consider the impact on the market and on their businesses, although since the OS data that is going to be released appears to consist of 'upstream' data the competition law implications are likely to be containable;
- other trading funds will need to review their position, as pressure for their data sets to be made freely accessible in the same way is likely to build very fast in very short order;
- the Government's governance arrangements for public sector information – at the heart of which lies the Office of Public Sector Information (OPSI) – will need review.
Nevertheless, while there are undoubtedly many practical implications that will need to be carefully thought through, today's announcement is a huge leap forward in terms of the release of public data for re-use by everyone from business to ordinary members of the public.”
Shane O’Neill, APPSI’s Digital Content Expert commented:
- The announcement looks to be highly significant and even (potentially) exciting!
- It is perceived as such by the private sector – three of our (private sector) clients emailed me in the past 24 hours to express what I would characterise as a carefully guarded welcome
- That excitement is tempered by a degree of caution, formed out of:
(a) previous experience
(b) the OS’s website’s own cautionary response:
* “...The detail of this is still being worked through and a formal consultation period will begin in December to look at how these changes will be implemented. Ordnance Survey is committed to working with colleagues across government on developing these proposals...”
*(It is interesting that the PM referred to the formal consultation – presumably the present process - being concluded in April; OS to a new one beginning in December. Which is which?)
(c) lack of clarity re the recommendations on practical matters - such as how OS is to manage the separation of public duty and commercial functions transparently; how it is to be sustainably funded etc. On which there is still no clarity, just the announcement of more consultation.
In summary: private sector clients and peers are saying to us:
- this statement is potentially very significant and to be welcomed, albeit with a weary sigh at the lack of detail;
- do we need another consultation (such as announced by OS above) in addition to all the ones that have taken place and are taking place at the moment?
- are OS and the Shareholder Executive on board with the Downing Street announcement?
- What are the policy decisions on the core OS related issues (core reference geographies, State Aid/PSI compliance, sustainable funding) which though difficult are well delineated, much debated and well consulted upon....?
See also Shane O’Neill Associates website for further views on the OS announcement.
John Ponting, APPSI’s Public Sector Information Expert’s initial reaction was:
“I am very pleased to see this announcement & think it is a good step in the right direction. Clearly, a lot of detail is still to be clarified (e.g. exactly which data, the terms & conditions (including derived data issues), how Ordnance Survey will be funded), and much will depend on the details in the consultation which will begin next month, and the subsequent implementation. Clearly APPSI needs to be ready to respond to the consultation.
There is a concern that legislation could be overtaken by events! And we need the actual details - rather than the overall headline.
It will also be very interesting to see how far this is extended (e.g. to other Trading Funds, Environment Agency, Local Authorities, Health Sector etc). It will also be very interesting to see what is actually included on data.gov.uk when that is released.”