The dataset provisions in FOIA, introduced by the Protection of Freedoms Act 2012, are to do with making datasets that have been requested under FOIA available for re-use. They cover the format in which such information should be made available, charges and licences for re-use. RPSI makes certain amendments to these provisions. As a result, the requirements relating to datasets under FOIA are now as follows.

If you are a public authority (as defined in FOIA) making a dataset available in response to a FOIA request, you must, so far as is reasonably practicable, make it available in a re-usable, electronic form. You must also make requested datasets available in your publication scheme in a re-usable form unless you are satisfied that it is not appropriate to do so.

However, if the dataset falls under RPSI, for example because it is produced as part of your public task, then you must calculate any charges for allowing re-use and deal with any licences under RPSI and not FOIA. This applies to providing the dataset in response to a request and making it available in the publication scheme.

So, for a FOIA public authority, for any dataset that is covered by RPSI, FOIA applies to the format in which it is made available, but RPSI applies to the charges and licences for re-use.

If the dataset does not fall under RPSI because you are a FOIA public authority but not a public sector body for the purposes of RPSI, then the provisions in FOIA regarding charges and licences for re-use will apply to it.