The UK government has published a call for evidence called “The marginal cost restriction on public sector data re-use”. It proposes making it easier for the public sector to charge people for public services that provide data by changing a piece of legislation called the Re-Use of Public Sector Information Regulations 2015 (RPSI).
That might sound esoteric and complex, but actually the proposed changes could make everyone’s lives a little bit worse in lots of different ways.
To be clear, the proposed changes would not affect data the government cannot already publish – no, this would not make it possible to sell personal data… – instead it’s about charging for things like bus timetables or maps of forests and footpaths. Information the government currently makes available for free.
Adding charges will reduce use of public service data, with knock-on effects that make all of our lives a little bit harder. Public sector data is infrastructure. Other services, businesses and decisions are built on top of it. Reducing use of that infrastructure means that we will find it a bit harder to catch the right bus, organisations will find it a bit harder to make decisions that improve the environment, and many other examples.
The plans will even increase the cost of providing public services as those new charges need to be decided on, collected, and attempts to avoid the charges will need to be stopped.
The government says it wants to do this as it needs to collect more revenue from the data parts of the UK economy.
If that is right then it should look at alternative options.
Charging for public data means fewer people will use it

Previous research has shown that charging for data reduces the number of people that use it. This is because of the cost and legal complications that come with commercial models. These barriers will particularly affect individuals, academic researchers and small organisations like civil society or startups. Larger firms will be affected but will generally find it easier to adjust.
That reduction in use has lots of effects. Bus timetables and environmental data are two of the examples given by the government of public services that are currently free but might be charged. Let’s look at those.
Charging for bus timetables would mean that there will be fewer and lower quality services that help people catch the right bus.
Google Maps will still work, they have money and in-house legal teams, but they will face even less competition to improve their service. An organisation wanting to launch a new product serving a specific set of needs – perhaps wheelchair users or people in a small UK town like Wigan, Swindon or Penrith – will find it harder to get going. They will have to spend more time with accountants and lawyers, and less time delivering a great service.
In short, it’ll be a little bit harder for all of us to get the right bus.
Meanwhile, charging for environmental data will make it harder for organisations to make decisions about where to build houses, or how to reduce the growing risks of wildfires and floods.
As with buses, fewer people will be able to make well informed decisions but here the consequences of worse decisions could be enormous.
Looking more broadly than the two examples provided by the government, charging for public sector data risks making many other things a bit harder.
Producing statistics – something the UK is already finding a challenge – will become harder as statisticians will find it harder to get access to data. Finding a house or flat to live in will become more difficult, as estate agents are massively dependent on data that is currently provided as a free public service.
There are countless other things that similarly rely on access to public sector data.
It will also increase the cost of providing public services
In addition the government does not consider how charging for data will affect the cost of providing public services.
At the simplest level these costs will come from the need for charging decisions, payment mechanisms, licensing teams, and enforcement. But costs can also increase in less obvious ways.
Most data is created by multiple people and organisations who will need to be involved in making decisions about whether and how to charge. There will be disputes when people disagree.
To provide a specific example, after requests from Owen Boswarva, 57 local authorities like Sheffield and Stockport recently decided to make their council tax address datasets available for free. The Ordnance Survey, a government-owned company, then made a legal claim that this had been done incorrectly as the OS wanted to charge for the address data it contained. The dispute continues and the costs grow.
Similarly, for bus timetables will it be bus operators, local transport authorities or the Department for Transport who decides? Will public sector organisations have to pay other parts of the public sector for data they use? I could go on.
Government should explore a broader range of ways to get revenue from the data economy
The call for evidence says the government wants to make these changes because it believes it’s missing out on potential revenue that could be invested in improving public services, but it doesn’t explain why this particular mechanism is the appropriate one.
Perhaps it simply thinks that helping data teams across the public sector secure business cases from existing budgets is too difficult so this is the easiest way to get investment?

If we accept the argument that the government should raise some additional revenue from the data parts of the economy, then many other mechanisms exist further across the data value chain. Charging at the beginning of the chain can reduce activity at every subsequent step.
To provide illustrative examples, some alternative methods might be: raising more money from the prices charged as data centres are used to transform and analyse data, directly from the largest tech firms, or from other sectors where data is creating impact. That revenue can then be reinvested in the many public sector organisations that provide data.
These are just examples and, just like the government’s current proposal, will have second order effects that will need some careful thought to ensure they align with government’s broader policy goals.
But it’s clear that there are many potential ways to collect revenue that are less likely to have the immediate effects of reducing use of data provided as a public service, data that is infrastructure for wider society and the economy. Effects like making it harder to get the right bus, to make a good decision about the natural environment, or increasing the cost of providing public services. Things that risk making all of our lives a bit worse.
If the government wants revenue from the data economy, don’t start by taxing access to the infrastructure that enables that economy. Look at some other options instead.











