Environmental Informations Regulations draft Code of Practice
The following points have been identified by the NBN Trust
as relevant to Local Records Centres:
(Of course, you may have others you wish to make to DEFRA. See LRC page for contact point)
1. LRC's are basically in the spirit of the EIR in that their raison d'etre is to make information/data available.
2. The fundamental corner-stone of their ability to do this is trust between them and their data suppliers that records will be managed securely and effectively, which is in jeopardy because the LRC would not be upholding its "duty of care" to its suppliers. There is a very real danger that wholesale withdrawal of existing records (despite the legal sanctions envisaged by the EIR), coupled with a refusal to supply more, will be the response of many recorders. A way round might be for a more clearly-stated guidance/code of practice which might clarify and extend as much as possible the kind of data which are regarded as "sensitive" or whose release might affect the "interests" of either the public, or the recorders.
3. Parallel to this and almost as potentially damaging is a likely breakdown of trust between landowners and LRC's in particular (owing to their quasi-public role in using data), resulting in blanket refusals to allow access to land. There appears to be no easy way out of this under the EIR proposals. This is more of a problem for an "official" organisation like an LRC or a wildlife trust than it would be for private individuals, who might remain more anonymous.
4. The imposition of the EIR is imposing statutory duties on LRC's without providing resources to carry them out (e.g., the requirement to provide facilities for enquirers, without the ability to charge). It is unclear how this can be avoided without imposing a statutory duty on public bodies to maintain their data sources.
5. The EIR will make current operational systems within LRC's illegal: e.g. data access agreements with local authorities, service level agreements, data access policies and charging policies. The concept of a "one-stop-shop" for information on the environment of an area will be undermined (c.f. the English Nature position statement on LRC's).
6. Coupled with 5. the EIR directly destroy the ability to tap into funding streams in support of data supply, owing to:
- i) the imposition of EIR requirements direct on public funding bodies, bypassing the LRC;
- ii) the inability to charge for the provision of detailed data which is put on the web etc. or provided direct to callers.
7. The imposition of EIR response times and the opening up of potential flood-gates for data enquiries (especially from the commercial sector) is likely to cripple the ability of small organisations to carry out all their data collection, collation, management and support functions.
8. The EIR apparently make it possible for any enquirer to request the supply of the LRC's entire data holdings without question, assuming the enquirer is in a position to pay the "reasonable costs". It is very likely that this could lead to wholesale plundering of data for commercial purposes, despite any IPR restrictions, without the ability for the LRC to effectively support its ongoing activity.
9. The EIR, as currently being interpreted, create a fundamental, inherent unfairness that Government is decreeing the release of data that it has not paid for and does not own.
In addition to these points, which demonstrate the potential, specific effects of the EIR on LRC operation, the following points are also relevant:
- LRC's are a vital part of the NBN, because they hold such a vast store of locally-derived, sustainable data, which has so far scarcely been tapped.
- The effects of the EIR would be to jeopardise the ability of the NBN ever to deliver these data.The only possible way that a LRC might be able to use the EIR to its advantage might be to seek to operate the option for charging, in accordance with Treasury Guidelines, such that these might not only recoup substantial costs (for large data demands), but also control potential demand. This is directly contrary to the aims of the NBN.
(Please note: Emboldening has been added by NFBR website manager)