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

1. 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;

2. Question
What is the influence of policy on SDI?

3. 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).

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

5. Example (Bing maps)

6. Example (google now)

7. Policy
Policies for the whole SDI system
Policies for Spatial data

8. SDI Policy documents (Example - NL)

9. GIDEON Stategy

10. New policy document 2014

11. SDI Policy Example South Africa

12. South Africa

13. Japan

14. Germany

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

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

17. 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

18. 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 ..)

19. 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...

20. Example Contract (data Vietnam)

21. Example Right (open register)

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

23. Simplified access History
Digital data “in house” only and
contracts
Contracts with stakeholders
now Open data

24. 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

25. 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.

26. 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.

27. 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

28. FAIR data principles (research)

29. Licence
Popular licence creative commons

30. Creative commons licence

31. What is possible?

32. Different forms

33. Example

34. Combining data

35. 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: ©

37. Copyright ?

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

39. 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

40. Data protection act (UK)

41. Privacy Acts (New Zealand)

42. Privacy Acts (Finland)

43. Suppose it is you

44. 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.

45. Questions?