arnold bregt sdi as an organisational infrastructure: policy & legal issues 0
TRANSCRIPT
Arnold Bregt
SDI as an organisational infrastructure: Policy & Legal issues
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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
source: Google Earth
Policy
Policies for the whole SDI system
Policies for Spatial data
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SDI Policy documents (Example - NL)
GIDEON Stategy
New policy document 2014
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SDI Policy Example South Africa
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South Africa
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Japan
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Germany
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Policy 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 (Intermezzo)
Roots of law are agreements between people
Distinguish between: agreements between two parties (contracts,
licence) agreements between a party and the rest of
society ((property) rights)
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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
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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)
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Example Right (open register)
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Access, sharing and re-use data (User)
Freedom of information (transparency)
Access policies (’free or fee’)
Re-use of public information (value adding)
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Relation
22Source: Janssen en Dumortier, 2007
Simplified access History
1970 -1980 Digital data “in house” only and
contracts
1980 - 2000 Contracts with stakeholders
2000 - now Open data
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Open data Principles
1. Available on the Internet for free. 2. Primary: Primary data is data as collected
at the source, with the finest possible level of granularity, not in aggregate or modified forms.
3. Timely: Data are made available as quickly as necessary to preserve the value of the data.” Data is not open if it is only shared after it is too late for it to be useful to the public.
24Source:Tauberer , 2012
Open data
4. Accessible: Data are available to the widest range of users for the widest range of purposes.” The accessibility principle covers a wide range of concerns including the need for the user of the data to be able to locate, interpret, and understand it and through software to be able to acquire and decode it.
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Creative commons licence
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What is possible?
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Different forms
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Example
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Combining data
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Protection of ownership data (Provider)
Collection of (large) geospatial data sets is huge investment
What can be used to protect this ? Copyright (intellectual property right) Database directive (EU 1996) Contracts
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:
©
Example
Web of Science (owned by Thomson Reuters)
Scopus (owned by Elsevier)
Contracts Protected by passwords
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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 of personal nature (Tiel)
Distribution of the use of
types Cable TV licenses
Privacy
Privacy Acts: Privacy Act of 1974 (USA) Data Protection Directive (officially Directive
95/46/EC EU) General Data Protection Regulation (GDPR)
(Proposal) Content
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and ...
Privacy
Main principles Transparency of data processing Limitation on collection, use and disclosure Security of data processing Being informed about processing (NL: esp. re-
use should not be contradictory to original purpose)
Suppose it is you
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source: Google Earth
On the roof
Balance
Data policy is subtitle balance between users, Producers and individual interest and is data set (case specific).
Always an issue of political debate/decision making
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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?