Re-use may not offer a solution in this situation. The Commissioner has rarely referred in his decisions to re-use as it's not in his jurisdiction, and I recall at least one case where he criticised a council for being concerned about re-use when refusing.
Re-use isn't much help in the present situation - a council would have to be sure it owned the copyright to the information requested by personal search companies, refuse the right to re-use the information, and then take action against any re-use (always assuming it actually knew the re-use had occurred).
My advice is a rigourous application of the EIRs themselves - ask Ibrahim for my contact details if you would like to discuss.
Tim Turner came to the Council to deliver training on EIR last October. His materials included a reference to the re-use of EI.
Like many Councils we are receiving requests from companies who undertake searches to inform conveyancing and land and environmental reports. Clearly the information is sold on and I am trying to establish whether there is any caselaw going though the ICO at the moment on the point, given that historically the information is provided for a fee under the Locals Searches service.
I have not been able to find anything on the limitations on these companies as to how they can re-use the information commercially - can you help please.
Diane Hayden, EIR solicitor
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