Lifecycle of Parliamentary Documents: United Kingdom
5. Copyright, Designs and Patents Act 1988
The Copyright, Designs & Patents Act 1988 provides for both Parliamentary and Crown copyright, which exists in the majority of content and websites produced by Parliament and the government. 32 Parliamentary copyright is managed by the National Archives, and exists in work made by or under the direction of the House of Commons or House of Lords, including documents, sound recording, film, and live broadcasts of the proceedings of both Houses. Parliamentary copyright exists in bills, but once they receive Royal Assent and are enacted into law, they are then protected by Crown copyright.
However, items subject to Parliamentary copyright are typically governed by the Open Government License, which permits the distribution, copying, publishing and transmittal of this material by third parties, either commercially or non-commercially. 33 In cases where Parliamentary or Crown copyright does not exist, or the Open Government License is used, the National Archives encourages organizations that have their own copyright to reference the Open Government License in the copyright statement. This provides that information is available for use and re-use subject only to limited conditions.[1]
The Controller of Her Majesty’s Stationery Office, who is also the Queen’s Printer, is an official who operates from within The National Archives. The Controller is responsible under a Letters Patent for managing copyright on the Crown’s behalf. Its responsibilities include setting the standards and overseeing the publication of certain government documents,[2] such as legislation, statutory notices, and parliamentary papers such as Command and House of Commons papers.
6. Data Protection Act 1998 and Freedom of Information Act 2000
The Data Protection Act 1998 36 and the Freedom of Information Act 2000[3] are important pieces of legislation regarding parliamentary documents and records. The Keeper of Public Records (the National Archives) is required to enable the public to inspect and obtain copies of public records that must be disclosed under the Freedom of Information Act.[4] Parliament and its departments must also comply with obligations created by the legislation and related codes of practice.[5]
- r32 Copyright, Designs & Patents Act 1988, c. 48, § 163, https://perma.cc/L2YD-N9QX.
- r33 The National Archives, Parliamentary Papers Guidance, supra note 5, at 22.
- r36 Data Protection Act 2018, c. 12, https://perma.cc/U8MF-SCT4.
- ↑ Id. See also Open Government License for Public Sector Information, The National Archives, https://perma.cc/43BL-SRRS.
- ↑ The National Archives, Parliamentary Papers Guidance, supra note 5, at 3.
- ↑ Freedom of Information Act 2000, c. 36, https://perma.cc/PB5N-KPGS.
- ↑ Public Records Act 1958, c. 51 § 5.
- ↑ Code of Practice on the Management of Records Issued under Section 46 of the Freedom of Information Act 2000, https://perma.cc/F9X8-CBQ9.
The Law Library of Congress
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