Open data and re-use of public sector information directive
The European Union (Open Data and Re-use of Public Sector Information) Regulations 2021 SI 376/2021 (the Open Data Regulations), which transposes into Irish law the Open Data and re-use of Public Sector information Directive) (EU) 2019/1024 (the Open Data Directive) mandates the release of public sector data in free and open formats . The overall objective of the Open Data Directive is to continue the strengthening of the EU’s data economy by increasing the amount of public sector data available for re-use, ensuring fair competition and easy access to public sector information, and enhancing cross-border innovation based on data.
The Pensions Authority’s policy is to meet the obligations of the Open Data Directive and we encourage the re-use of the information we produce subject to the conditions set out below.
The Pensions Authority’s data re-use policy
You are free to re-use the information on this website without seeking prior permission, subject to the conditions set out in our Licence and to the disclaimer below. All of the information on this website is the copyright of the Authority unless expressly indicated otherwise. The Authority does not authorise any user to have exclusive rights to the re-use of its information.
The Pensions Authority list of main documents publicly available for reuse
The following is a list of the main documents available on our website for reuse including:
- Annual reports
- Survey findings
- Information and guidance materials
- Supervision audit findings
- List of personal retirement savings accounts (PRSA) providers and products
- List of registered administrators
- News alerts
Requests for data
Any specific requests for data under the Open Data Regulations, not available on our website, or any questions should be directed by email to the Authority’s Data Protection Officer. The request should clearly indicate that it is being made under the Open Data Directive.
Before making a request for data we recommend that you review our list of main documents for reuse above and check to see if the data you seek is already available on our website.
Open data requests will be reviewed to ensure they meet the conditions required and whether any of the exemptions, referred to below, apply to preclude release.
Regulation 3(2) of the Open Data Regulations sets out an extensive list of the types of documents to which the Regulations shall not apply, and which therefore are not subject to disclosure. These include:
- documents the supply of which is an activity falling outside the scope of the public task of the public sector body concerned – Regulation 3(2)(a). Therefore, the Authority would not be required to provide access to data, the subject matter of which is not within the remit of the Authority,
- documents in respect of which third parties hold intellectual property rights – Regulation 3(2)(c),
- documents access to which is excluded under the Data Protection Acts 1988 to 2018 – Regulation 3(2)(d)(i), and
- documents that are legally privileged – Regulation 3(4)(c) of the Open Data. Legally privileged documents are therefore not required to be released under the Open Data Regulations.
Timeframe for processing your request for data
Regulation 6(2) of Open Data Regulations provides that a public sector body should respond to a request for re-use:
- within 20 working days from receipt of the request, or
- in the case of an extensive or complex request, within 40 working days.
Where, due to the extent or complexity of the request, processing will take longer than 20 working days from receipt of the request, the Authority shall advise the requester accordingly as soon as possible, and not later than three weeks after the initial request is received. In such circumstances, the Authority should respond in full to the request within 40 working days from receipt of the request.
The Authority will respond positively to requests for data under the Open Data Directive unless this would place a significant burden on the Authority. The default principle of the Authority is free re-use however, this will be considered on a case-by-case basis. Cost implications and whether charges apply will depend on the data volumes sought.
Authority data is subject to the terms of the CC-BY Licence, without the need for users to make an application to the Authority.
Under the CC-BY Licence, users must acknowledge the source of the information in their product or application by including or linking to this attribution statement: “Contains Irish Government Data licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0) licence”.
All data on our website is published ‘as is’. The information is licensed ‘as is’ and excludes all representations, warranties, obligations and liabilities in relation to the information to the maximum extent permitted by law.
The Authority are not liable for any errors or omissions in the information and shall not be liable for any loss, injury or damage of any kind caused by its use. The Authority does not guarantee the continued supply of the information.
This licence does not cover personal information, unless sufficiently anonymised and/or aggregated. Nor does it cover third party rights (including, but not limited to, patents, copyright, database rights or trademarks).
Regulation 15(1) of the Open Data Regulations states that where a public sector body decides to:
- refuse to allow a requester to re-use a document,
- refuse to grant an exclusive right to a requester to re-use a document,
- allow the re-use of a document but subject to a proposed charge being paid which the requester believes does not accord with the requirements of the Open Data Regulations in setting the amount of the proposed charge, or
- allow the re-use of a document subject to imposing conditions,
then the requester may appeal against the refusal, the amount of the proposed charge or any condition so imposed.
The Office of the Information Commissioner (OIC) is responsible for upholding the rights of individuals under the open data regulations. The OIC has the power to affirm, annul or vary a public sector body’s decision. Individuals who feel their rights are being infringed can complain to the OIC, who will investigate the matter, and take whatever steps may be necessary to resolve it.