Imperial War Museum and Historic Environment Scotland delegation of authority

FOI request reference: F0048387
Publication date: March 2017

Request:

I would be grateful if you could tell me the basis on which the Imperial War Museum copies, sells and licenses Crown Copyright material. I see that it is not a Crown Body, but it does not seem to have a Delegation of Authority. Is the Imperial War Museum a member of the IFTS? I would be grateful for copies of any relevant documents setting out the basis of IWM’s sales and licensing operations, and any case written for the IWMs departure from Marginal Cost pricing for providing copies of Crown Copyright material.

Has Historic Environment Scotland applied for an exception to marginal cost pricing, and has it been granted? Has HES applied to become a member of IFTS? Is it possible to see the Delegation of Authority given to HES?

Outcome:

Successful

Response:

1. Is the Imperial War Museum a member of the IFTS? I see that it is not a Crown Body, but it does not seem to have a Delegation of Authority.

I can confirm that the Imperial War Museum is an Information Fair Trader Scheme (IFTS) member. Below is a web link to the page listing IFTS online members for your information:
http://www.nationalarchives.gov.uk/information-management/re-using-public-sector-information/ifts-and-regulation/ifts-online/

2. Could you tell me the basis on which the Imperial War Museum copies, sells and licenses Crown Copyright material? I would be grateful for copies of any relevant documents setting out the basis of IWM’s sales and licensing operations, and any case written for the IWMs departure from Marginal Cost pricing for providing copies of Crown Copyright material.

I can confirm that The National Archives holds information relevant to your request. I am pleased to confirm that we are able to provide the following documents (see attached):

– A redacted version of the Delegation of Authority given to the Imperial War Museum
– A later, revised annex to the Delegation
– The Imperial War Museum’s application to be an exception to the requirement to license Crown copyright material at marginal cost
– The Imperial War Museum’s completed self-assessment under the IFTS scheme

The signatures in the information that you are looking for are exempt under section 40(2) of the Freedom of Information Act (by virtue of section 40(3)(a)(i)). This means that we cannot release those parts and they have been redacted.

Section 40 exempts personal information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of the Data Protection Act (DPA) 1998. The DPA prevents personal information from release if it would be unfair or at odds with the reason why it was collected, or where the subject had officially served notice that releasing it would cause them damage or distress. In this case the exemption applies because the document contains personal data, namely signatures.

3. Has Historic Environment Scotland applied for an exception to marginal cost pricing, and has it been granted?

I can confirm that Historic Environment Scotland (HES) has inherited the assets and responsibilities of its predecessors, and these include approval to license at exception to marginal cost, they are not required to apply separately.

4. Has HES applied to become a member of IFTS?

HES has also inherited the IFTS on-line membership of Royal Commission on Ancient and Historic Monuments Scotland (RCHAMS), and Historic Scotland (HS) and remains a member. HES is a public sector body under the Re-use of PSI Regulations 2015 and is required to comply with those Regulations.

5. Is it possible to see the Delegation of Authority given to HES?

I can confirm that The National Archives holds information relevant to your request. I am pleased to confirm that we are able to provide a redacted version of the Delegation of Authority given to Historic Environment Scotland (see attached). The signatures in the information that you are looking for are exempt under section 40(2) of the Freedom of Information Act (by virtue of section 40(3)(a)(i)). This means that we cannot release those parts and they have been redacted.

Section 40 exempts personal information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of the Data Protection Act (DPA) 1998. The DPA prevents personal information from release if it would be unfair or at odds with the reason why it was collected, or where the subject had officially served notice that releasing it would cause them damage or distress. In this case the exemption applies because the document contains personal data, namely signatures.

Attachments:

http://www.nationalarchives.gov.uk/documents/f0048387-iwm-and-hes-ifts-documents-attachment-1.pdf

http://www.nationalarchives.gov.uk/documents/f0048387-iwm-and-hes-ifts-documents-attachment-2.pdf

http://www.nationalarchives.gov.uk/documents/f0048387-iwm-and-hes-ifts-documents-attachment-3.pdf

http://www.nationalarchives.gov.uk/documents/f0048387-iwm-and-hes-ifts-documents-attachment-4.pdf

http://www.nationalarchives.gov.uk/documents/f0048387-iwm-and-hes-ifts-documents-attachment-5.pdf