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Page References

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SectionF.4
SectionF.4

Version management

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At line 4 changed one line
It has been recommended that HER officers develop and implement an access and charging policy (ACAO 1993). Such a policy should be made explicit to all users and depositors of information. A clear formal access and charging policy should state the information available from an HER, what information may be withheld, the reasons for this, any charges that requesting HER information may incur and any information expected from the user in order for them to access the HER. Establishing a user's declaration form, perhaps in conjunction with Benchmark 1.3's goal of maintaining a register of users, could prove a useful tool in monitoring interest in sensitive sites.
It has been recommended that HER officers develop and implement an access and charging policy ([ACAO 1993|Bibliography#ACAO 1993|target='_blank']). Such a policy should be made explicit to all users and depositors of information. A clear formal access and charging policy should state the information available from an HER, what information may be withheld, the reasons for this, any charges that requesting HER information may incur and any information expected from the user in order for them to access the HER. Establishing a user's declaration form, perhaps in conjunction with Benchmark 1.3's goal of maintaining a register of users, could prove a useful tool in monitoring interest in sensitive sites.
At line 7 changed one line
HERs should be considered public information, having been compiled through national and local government funds and should aim to provide access as fully as is possible to all users. However the dual role of the resource in also supporting planning and conservation matters may mean that in certain circumstances full access to information for all users could be limited. The archaeological results contained within fieldwork reports produced in support of planning applications are public information and cannot be withheld. It is the responsibility of the depositor to ensure no commercially sensitive information is available within the report. Personal information held within HER documents is covered by the Data Protection Act regulations and should be withheld.
HERs should be considered public information, having been compiled through national and local government funds and should aim to provide access as fully as is possible to all users. However the dual role of the resource in also supporting planning and conservation matters may mean that in certain circumstances full access to information for all users could be limited. The archaeological results contained within fieldwork reports produced in support of planning applications are public information and cannot be withheld. It is the responsibility of the depositor to ensure no commercially sensitive information is available within the report. Personal information held within HER documents is covered by the [Data Protection Act|Bibliography#Data Protection Act 1998|target='_blank'] regulations and should be withheld.
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Since the introduction of PPG16 there has been a substantial expansion in the volume of enquiries from developers and consultants and HER information has acquired a commercial value. Some HERs have considered charging for access to information. In England and Wales it has been established through the courts that it is illegal for local authorities to charge for accessing information for pre-planning-application discussions between council planning officers and developers (McCarthy and Stone vs. London Borough of Richmond, ACAO 1993). No directly similar case has been brought before the Scottish courts, although the McCarthy & Stone case has been used as supporting evidence in other successful cases against Scottish local authorities re the legality of charges for information - [SPH (Scotland) Ltd v The City of Edinburgh Council 2003 CA13/03|http://www.scotcourts.gov.uk/opinions/ca13_03.html] and Stirrat Park Hogg v Dumbarton District Council 1996 SLT 1173.
Since the introduction of PPG16 there has been a substantial expansion in the volume of enquiries from developers and consultants and HER information has acquired a commercial value. Some HERs have considered charging for access to information. In England and Wales it has been established through the courts that it is illegal for local authorities to charge for accessing information for pre-planning-application discussions between council planning officers and developers (McCarthy and Stone vs. London Borough of Richmond, [ACAO 1993|Bibliography#ACAO 1993|target='_blank']). No directly similar case has been brought before the Scottish courts, although the McCarthy & Stone case has been used as supporting evidence in other successful cases against Scottish local authorities re the legality of charges for information - [SPH (Scotland) Ltd v The City of Edinburgh Council 2003 CA13/03|http://www.scotcourts.gov.uk/opinions/ca13_03.html] and Stirrat Park Hogg v Dumbarton District Council 1996 SLT 1173.
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HERs may contain information of a sensitive nature such as the accurate location information of vulnerable sites or the personal details of individuals. HER officers could consider including a deliberate time lag in certain cases if sensitive information is being made widely available to all users. It may be necessary that the locational data of certain sites is less precise than others. This issue is especially pertinent when making HER information available over the Internet, where users may be less easily monitored. ALGAO advices that those HERs in receipt of Portable Antiquities Scheme Data should use a NGR of no more than four figures if published online. Benchmark 1.2 (Chitty 2002) 'Access to Services' advises that where remote access is provided to the HER it should be a 'read-only' facility and capable of blocking access to sensitive information.
HERs may contain information of a sensitive nature such as the accurate location information of vulnerable sites or the personal details of individuals. HER officers could consider including a deliberate time lag in certain cases if sensitive information is being made widely available to all users. It may be necessary that the locational data of certain sites is less precise than others. This issue is especially pertinent when making HER information available over the Internet, where users may be less easily monitored. ALGAO advices that those HERs in receipt of Portable Antiquities Scheme Data should use a NGR of no more than four figures if published online. Benchmark 1.2 ([Chitty 2002|Bibliography#Chitty 2002|target='_blank']) 'Access to Services' advises that where remote access is provided to the HER it should be a 'read-only' facility and capable of blocking access to sensitive information.
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Images held within the HER are also the subject of several access issues, especially where they are 'published' on the Internet. Any images of children must have express parental permission. Any image that reveals an individual's identity should not be used without their permission. Car number plates should not be visible without the owner's permission. Images should only show property visible from a public right of way unless the owner's permission has been sought and given. Experience of the 'Images of England' project ([http://www.imagesofengland.org.uk/]) has demonstrated that even this policy is unacceptable to certain property owners who may have security and privacy concerns. Consequently even images taken from a public right of way may be withdrawn as a courtesy. The way that people are depicted should also be considered in terms of negative images and discrimination.
Images held within the HER are also the subject of several access issues, especially where they are 'published' on the Internet. Any images of children must have express parental permission. Any image that reveals an individual's identity should not be used without their permission. Car number plates should not be visible without the owner's permission. Images should only show property visible from a public right of way unless the owner's permission has been sought and given. Experience of the ['Images of England' project|http://www.imagesofengland.org.uk/] has demonstrated that even this policy is unacceptable to certain property owners who may have security and privacy concerns. Consequently even images taken from a public right of way may be withdrawn as a courtesy. The way that people are depicted should also be considered in terms of negative images and discrimination.
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The main legislation governing copyright issues, as amended by various additional regulations, is the [Copyright, Designs and Patent Act 1988|http://www.legislation.gov.uk/ukpga/1988/48] (UK wide). This specifies the rights of creators of dramatic, artistic (including photography), sound recording, broadcast and artistic works. To qualify, the work must be an original work, or a published edition of works, involving labour, skill or judgement. Copyright in the UK is automatic – it does not need to be specified on the work itself. However, the law in the UK is currently likely to undergo subtle amendments following the adoption of a recent [EU directive|http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=32001L0029&model=guichett] that seeks to harmonise copyright regimes across Europe. This is likely to impact on definitions of 'fair dealing', restricting the current fair dealing exemptions to 'non-commercial' uses.
The main legislation governing copyright issues, as amended by various additional regulations, is the [Copyright, Designs and Patents Act 1988|Bibliography#Copyright, Designs and Patents Act 1988|target='_blank'] (UK wide). This specifies the rights of creators of dramatic, artistic (including photography), sound recording, broadcast and artistic works. To qualify, the work must be an original work, or a published edition of works, involving labour, skill or judgement. Copyright in the UK is automatic – it does not need to be specified on the work itself. However, the law in the UK is currently likely to undergo subtle amendments following the adoption of a recent [EU directive|http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=32001L0029&model=guichett] that seeks to harmonise copyright regimes across Europe. This is likely to impact on definitions of 'fair dealing', restricting the current fair dealing exemptions to 'non-commercial' uses.
This page (revision-16) was last changed on 26-Sep-2017 11:08 by Martin NewmanTop