SDI as an organisational infrastructure: Policy & Legal issues Arnold Bregt

Definition Policy – a course of action that has been officially agreed and chosen by a political party, business or other organization (Longman Dictionary) Policy vs. laws e.g. Policy for increased use of open data; e.g. Law on base registrations;

Question What is the influence of policy on SDI?

Examples What influence may policy have on other SDI components: (People, Data, Technology, Standards): Policy on data access hampers WFS usage (policy vs. technology): Gov. policy on protection of Military Sites information (policy vs. data): Policy on using specific standards (policy vs. standards): Policy on data access may exclude some people from access to data (policy vs. people).

Example (google maps a few years ago) source: Google Earth

Example (Bing maps)

Example (google now)

Policy Policies for the whole SDI system Policies for Spatial data

SDI Policy documents (Example - NL)

GIDEON Stategy

New policy document 2014

SDI Policy Example South Africa

South Africa

Japan

Germany

Policies for (Spatial) data Access, sharing and re-use of data (User) Protection of ownership of data (Provider) Privacy (data about persons) (Individuals)

Rights versus Contracts Agreements between two parties: contracts, licence Agreements between a party and the rest of society: ((property) rights

Special case for (spatial) data Traditional law: you make something, and either you have it, or you give/sell to someone else --> contract (geo) data: duplication for nearly no cost by a ‘free rider’, but can damage interests of collector

Contract between parties Seller and buyer (sales contract) (limited) use right (license) What does the seller promise ? certain quality (accuracy, uptodate, fit-for-purpose) certain delivery time What does the buyer promise ? payment not passing it on not making the seller liable (exclusive clauses ..)

Exclusive clauses to limit exposure to potential liability Disclaimers: ...GEOfirm does not warranty the accuracy of the data and shall not be liable for any consequence of its use ... Caveats: ...this product does not intend to represent exact reality...this product is subjected to copyright. Reproduction in any form requires written permission from GEOfirm...

Example Contract (data Vietnam)

Example Right (open register)

Access, sharing and re-use data (User) Freedom of information (transparency) Access policies (’free or fee’) Re-use of public information (value adding)

Simplified access History 1970 -1980 Digital data “in house” only and contracts 1980 - 2000 Contracts with stakeholders 2000 - now Open data

Source: Open Government Open data Principles 1. Complete All public data is made available. Public data is data that is not subject to valid privacy, security or privilege limitations. 2. Primary Data is as collected at the source, with the highest possible level of granularity, not in aggregate or modified forms. Source: Open Government

Open data principles 3. Timely Data is made available as quickly as necessary to preserve the value of the data. 4. Accessible Data is available to the widest range of users for the widest range of purposes.

Open date principles 5. Machine processable Data is reasonably structured to allow automated processing. 6. Non-discriminatory Data is available to anyone, with no requirement of registration.

Open data principles 7. Non-proprietary Data is available in a format over which no entity has exclusive control. 8. License-free Data is not subject to any copyright, patent, trademark or trade secret regulation. Reasonable privacy, security and privilege restrictions may be allowed

FAIR data principles (research)

Licence Popular licence creative commons

Creative commons licence

What is possible?

Different forms

Example

Combining data

Copyright Protects intellectual achievement Not economic investments as such Demands originality, whereas most (large scale) geospatial data contains facts (--> GBKN) Lasts 70 years (after death of producer) NL: government agencies have to claim it: ©

Copyright ?

Example Web of Science (owned by Thomson Reuters) Scopus (owned by Elsevier) Contracts Protected by passwords

Privacy Right to be left alone Protection of data of personal nature related to identified or identifiable individual Information may be used for determining decisions of government or companies (‘social attitudes’) Often individual not aware of information

Data protection act (UK)

Privacy Acts (New Zealand)

Privacy Acts (Finland)

Suppose it is you

Summary Policy has a strong influence on data access conditions The world-wide trend is towards more open data. Privacy aspects are becoming more important.

Questions?