Hello
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.
Cheers
Tim Turner
Dear Ibrahim,
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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