arnold bregt sdi as an organisational infrastructure: policy & legal issues 0

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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Licence

Popular licence creative commons

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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?