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Open Government Licence

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Open Government Licence
NameOpen Government Licence
Originating bodyNational Archives
JurisdictionUnited Kingdom
First release2010
Latest version3.0
StatusActive

Open Government Licence

The Open Government Licence is a public-sector data licence designed to permit widespread reuse of public sector information with minimal restrictions. It provides a standardized legal framework for public bodies and users to share and redistribute content while protecting attribution and sensitive material. The licence operates alongside statutory instruments, administrative policies and international initiatives to promote transparency, interoperability and innovation.

Overview

The licence aims to simplify reuse by offering a clear attribution requirement and a limited set of prohibitions, aligning with initiatives such as the Public Sector Information Directive, the PSI Directive transition frameworks, and national open data strategies in states like the United Kingdom, Canada and Australia. It interacts with other instruments including the Creative Commons Attribution (CC BY), the GNU General Public License, and sector-specific regimes such as those administered by the Ordnance Survey, the Met Office, and the Transport for London. Institutions such as the European Commission, the World Bank, the United Nations and the Open Data Institute reference the licence model when advising on data publication and interoperability. The licence addresses issues raised in reports from bodies like the National Audit Office (United Kingdom), the Better Regulation Executive, and parliamentary committees such as the House of Commons Public Accounts Committee.

History and development

Initial work on the licence traces to transparency and open data movements connected with events like the G8 Summit commitments and movements inspired by publications from the Open Knowledge Foundation and the Sunlight Foundation. The National Archives published early drafts following consultations with stakeholders including the Cabinet Office, the Government Digital Service, the Institute for Government, and civil society groups such as mySociety and the Open Rights Group. International dialogues with the Organisation for Economic Co-operation and Development and the World Wide Web Consortium informed technical and legal harmonization. Subsequent revisions responded to legal opinions from firms like Pinsent Masons, policy papers from the London School of Economics, and case law considerations highlighted by courts such as the High Court and the Court of Appeal of England and Wales.

Terms and conditions

Core terms require users to provide attribution to the relevant public sector body and to avoid misrepresenting the source, echoing practices recommended by the National Archives and compliance advice from the Information Commissioner's Office (United Kingdom). The licence disclaims warranties in line with precedents from the Crown Copyright regime and limits liability similarly to commercial licences issued by institutions like the British Library and the Royal Geographical Society. Exemptions and restrictions mirror statutory exclusions found in instruments such as the Data Protection Act 2018, the Freedom of Information Act 2000, and security-related restrictions considered by bodies like the Ministry of Defence (United Kingdom). Users must not remove or alter notices required by organizations such as the Natural History Museum, London, the NHS England, and local authorities including the Greater London Authority.

Versions and jurisdictional variants

The licence evolved through multiple versions—early templates, a 2010 formalisation, and a later 3.0 release—to address cross-border reuse, metadata practices and machine-readable publication. Comparable licences and derivatives exist in jurisdictions like Canada, New Zealand, Australia and EU member states, and institutions such as the European Data Portal catalogue harmonize metadata across frameworks. National repositories like the data.gov.uk platform, data.gov counterparts, and portals managed by the Government of Canada and the Australian Government adapt terms to local statutes including the Access to Information Act (Canada), the Official Information Act 1982 (New Zealand), and the Freedom of Information Act 1982 (Australia). Interoperability efforts involved technical standards from the Open Geospatial Consortium and metadata schemas endorsed by the International Organization for Standardization.

Use and adoption

Adopters include central agencies such as the Cabinet Office, cultural institutions like the British Museum, research funders including the Economic and Social Research Council, and international organizations such as the United Nations Development Programme. Major technology firms, academic institutions like the University of Oxford, NGOs such as the Transparency International, and civic tech groups like the Code for America network reuse data released under the licence for applications, visualizations and research. Markets for geospatial information produced by the Ordnance Survey and meteorological data from the Met Office illustrate commercial reuse when combined with private-sector services from companies like Esri and Google LLC.

Critiques focus on attribution complexity, compatibility with other licences like Creative Commons, and tensions with privacy regimes exemplified by cases involving the Information Commissioner's Office (United Kingdom). Legal commentators from institutions such as the Institute for Fiscal Studies and law firms including Linklaters have analysed liability disclaimers, while academic critiques from the University of Cambridge and the London School of Economics examine impacts on data quality and market competition. International lawyers reference treaties and directives, including overlaps with the General Data Protection Regulation and procurement rules interpreted by the European Court of Justice. Questions about derivative works, moral rights, and database rights draw input from the Intellectual Property Office (United Kingdom) and scholarly articles published in journals associated with the Oxford University Press and the Cambridge University Press.

Implementation and compliance

Practical implementation involves metadata standards recommended by the Open Data Institute, quality assessments by the National Audit Office (United Kingdom), and guidance from the Information Commissioner's Office (United Kingdom). Public bodies establish publication pipelines using platforms like data.gov.uk or bespoke APIs developed by the Government Digital Service, and compliance training is provided by organizations such as the Civil Service Learning programme and private consultancies like Accenture. Dispute resolution and enforcement draw on administrative review by bodies such as the Parliamentary and Health Service Ombudsman, legal action in courts like the High Court, and policy oversight from the Cabinet Office.

Category:Licences