Transcript Professional Application Development

SDI as an organisational
infrastructure: Policy & Legal
issues
Arnold Bregt
0
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
5
SDI Policy documents (Example - NL)
GIDEON Stategy
New policy document 2014
8
SDI Policy Example South Africa
9
South Africa
10
Japan
11
Germany
12
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)
14
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
15
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)
18
Example Right (open register)
19
Access, sharing and re-use data (User)

Freedom of information (transparency)

Access policies (’free or fee’)

Re-use of public information (value adding)
20
Relation
Source: Janssen en Dumortier, 2007
21
Simplified access History

1970 -1980
Digital data “in house” only and
contracts

1980 - 2000
Contracts with stakeholders

2000 - now
Open data
22
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.
Source:Tauberer , 2012
23
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.
24
Licence

Popular licence creative commons
25
Creative commons licence
26
What is possible?
27
Different forms
28
Example
29
Combining data
30
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
34
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
39
On the roof
source: Google
Earth
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
41
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?