From 833c804ff3f23e0eef5476676812d67d4658dca3 Mon Sep 17 00:00:00 2001
From: Donna-H
- You need to complete an application form if you intend to use Court Judgments and/or Tribunal Decisions
- information in a way that is outside the terms of the Open Justice Licence.
+ You need to apply for a licence if you would like to programmatically analyse Find Case Law records
+ as data. Licences are free. Please complete the
+
+ downloadable application form (Microsoft Word 85.7 KB)
+
There are two types of licences we issue that permit computational analysis:
- For example, you will need to apply for a licence if you are undertaking any type of computational analysis
- of judgments and tribunal decisions, including by compiling a search engine index.
+ There is one application form for both licences. The application form is made up of 5 sections
+ including :
Anyone can apply for a licence and there is no charge to apply.
- Open Justice is a fundamental constitutional principle and necessary for the rule of law. It is important that
- Court Judgments and Tribunal Decisions are published and made available for re-use by third parties. It is
- also important that re-users understand their responsibilities and do not jeopardise the proper administration
- of justice.
+ You can read more about case law as data and licences: https://caselaw.nationalarchives.gov.uk/about-this-service#section-data.
- The Crown holds rights (copyright and database rights) in Court Judgments and Tribunal Decisions. In order to
- re-use the information you need permission from the Keeper of Public Records, as the Crown’s officeholder
- under Letters Patent, for the re-use of this material. Open Justice Licence
- provides standard terms for re-use. If the purpose of the re-use cannot be met within the terms of the Open
- Justice Licence, re-users need to apply
- for a specific licence from The National Archives.
+ You only need to apply for a licence if you intend to use computational analysis in your re-use of Find
+ Case Law records in ways that are not already permitted under the Open Justice Licence.
+ The Open Justice licence permits certain re-uses without the need to apply for an additional licence, for example, when you want to:
- We will licence the information ‘as is’ and exclude all representations, warranties, obligations and liabilities
- in relation to the information to the maximum extent permitted by law.
+ More information can be found: Open Justice Licence - Find case law (nationalarchives.gov.uk).
Computational analysis of judgments is currently considered high-risk when it is used to:
- We will not be liable for any errors or omissions in the information. We will not be liable for any loss, injury
- or damage of any kind caused by its use.
+ Examples include the Legal Services Act (LSA), and UK General Data Protection Regulation (UKGDPR).
+ Please note that this licence:
- Court Judgments and Tribunal Decisions contain information about people. This typically includes the names of
- parties and other people mentioned in the judgment or decision, as well as the representatives of the parties,
- and the names of the judges hearing the case. The information about people varies. It can include a variety of
- types of special category personal data, depending on the subject matter of the case.
+ We keep a record of all applications. If your application is successful your answers to the questions
+ in the ‘About your organisation’, ‘Purpose and activity’ and ‘public statement’ sections may be made
+ publicly available in the future.
- Any licence we issue will only apply to the currently published version of the Court Judgments and Tribunal
- Decisions (as published by the Keeper of Public Records on The National Archives’ Case Law website).
+ They should be someone who is senior in your organisation and will be responsible for licence
+ application and compliance. They will need to be someone we can talk to if we have questions about
+ the application.
- As a recipient of the information, you are responsible for complying with any judicial decision that
- restricts the use of personal data within it. If you choose to store and process the information, you will be a
- Data
- Controller under UK data protection law. You need to satisfy yourself that you have a legal basis and valid
- purpose for processing the personal data.
+ This statement should describe the purpose for your re-use of Find Case Law records and
+ summarises including:
For the avoidance of doubt: The questions in this form will help The National Archives understand how you intend to re-use the information.
- Court Judgments and Tribunal Decisions contain sensitive information. Your answers to the questions will help
- us to understand how you will re-use the information. They will also help you to understand your obligations.
- We are using the “five safes” framework to group the questions.
+ Details of your organisation and the public statement you submit as part of your application may be
+ published in the future.
You should answer the questions as fully as possible.
- The National Archives is licensing the information in accordance with its obligations under the Re-use of
- Public Sector Information Regulations 2015 (SI 2015/1415).
+ There are 9 principles that have been established by the Ministry of Justice that may be relevant to
+ our decision about whether to grant a licence. Please be prepared to give details of any
+ considerations you have made in relation to these principles.
We will keep a record of your application. The 9 principles are:
- We will consider whether the purpose of your re-use is likely to jeopardise the proper administration of
- justice. We may ask you for some additional information or to submit a revised application form. We may
- consult the Ministry of Justice, including any advisory body or group it establishes from time to time.
+ Important Note: Please answer all questions in the application form. Please do not include any
+ sensitive or financial information as part of your application. There will be the opportunity to leave
+ further comments at the end of the application.
- This section lists the information that is required by the Licensing Team and included in the
+ Download the
- downloadable application form (Microsoft Word 85.7 KB)
+ application form (Microsoft Word 85.7 KB)
Complete and send to the case law licencing team.
+ You can read more about how the licences are reviewed here: https://caselaw.nationalarchives.gov.uk/about-this-service#section-data.
+
+ If you're not sure what licence applies or what information we need please contact the licence team: {% translate "caselawlicence.email" %}
+ {% translate "transactionallicenceform.title" %}
- Part 1 – Instructions
- How to apply
-
-
- Who is the application form for?
+ Apply to do computational analysis
+
Why is a licence necessary?
+
+
Before you start
+ 1. Check you need to apply
Exclusions from the licence
+
+
2. Check whether your application is likely to be considered high risk
+
+
+ 3. Make sure your re-use complies with all existing regulations
Personal data
+
+
+ 4. Part of your application may be published
Information you will need to apply
+ 1. The details of the person responsible for the licence
+
+ 2. The details of your organisation including:
+
+
+ 3. A public statement
-
- What is the purpose of the questions?
-
-
- What will The National Archives do with the information?
+ 4. Read the 9 principles
+
Part 2 – Application Form
2.1 Safe People
- Your details
-
-
- Ethics
-
-
- 2.2 Safe Projects
- Purpose
-
-
- Publishing
-
-
- Risks
-
-
- Complying with the terms of the licence
-
-
- Transparency
-
-
- 2.3 Safe Data
- Scope
-
-
- Complying with reporting restrictions
-
-
- Identifiable groups
-
-
- 2.4 Safe Settings
- Location
-
-
- Systems and controls
-
-
- 2.5 Safe Outputs
- Statistical Analysis
-
-
+ Contact
+ 3. Make sure your re-use complies with all existing regulations
Please note that this licence: