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Creating Open Data Is a Policy Matter– Using Open Data Is a Legal Matter

Learn how legal and policy frameworks impact the use of geospatial data and the importance of data sharing agreements in the geospatial community. Explore licensing considerations, governance elements, and international obligations.

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Creating Open Data Is a Policy Matter– Using Open Data Is a Legal Matter

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  1. Creating Open Data Is a Policy Matter– Using Open Data Is a Legal Matter GEO Data Technology Workshop Kevin Pomfret/ April 25, 2019 / Vienna, Austria @kpomfret / kevin@spatiallaw.com

  2. Role of Legal and Policy Frameworks on Open Data Nations’ Legal Frameworks Have a Significant Impact On the Use of Open Data.

  3. PRESENTER Founder and Director, Centre for Spatial Law and Policy Former satellite imagery analyst Business attorney with 25 years of experience

  4. The power of geospatial is it allows the user to combine diverse data types from a wide range of sensors and providers

  5. However, each layer generally is subject to a license: each with its own terms and conditions and increasingly unique legal regimes

  6. Role of Data Sharing/License Agreements - Data is licensed, not sold. - So both parties continue to have rights and responsibilities in data. - A data sharing/license agreement is where those rights and responsibilities are defined. - It is more than just a transfer of intellectual property rights – it is an allocation of risk. - If issue is not covered in the agreement, parties are letting others decide who is responsible - Open data is still subject to a license.

  7. Open Data • Creating Open Data is a policy issue • Using Open Data is a legal issue • Most Open Data is published under some sort of licensing arrangement • Many different types of Open Data licenses. • Many are not easily compatible. • Becomes more difficult as integrate data subject to proprietary licenses.

  8. Additional Considerations • Geospatial community is an ecosystem. • A number of different laws and regulations impact geospatial information management. • Legal systems vary considerably. • There are many different types of geospatial information. • Geospatial information is versatile. • Geospatial technology is rapidly changing.

  9. Elements of a Legal and Policy Framework for Geospatial Information Management • Binding Elements • Legislation and Regulations • Contracts and Other Agreements • Treaties and other international obligations • Non-binding Elements • Policies • Best Practices • Standards

  10. Two Types of Elements • Directly Impact Governance and Accountability • Designation of Lead Organization • Data Collection and Governance • Sector/Platform Specific Laws • Indirectly Impact Geospatial Information Management • Intellectual Property Rights • Privacy/Data Protection • Data quality/Liability • National Security • Both impact licensing

  11. Licensing considerations • Types of data • Uses of data • Intellectual property rights • Privacy • Data Quality/Liability Risks • National Security • Open Records/FOIA

  12. UN-GGIM Survey: Privacy

  13. UN-GGIM Survey: Liability

  14. UN-GGIM Survey: Homeland/National Security

  15. UN-GGIM Survey: Licensing/Data Sharing

  16. Table Top Exercise • Step 1 – Develop use case involving: • Different types of geospatial information • From various aspects of ecosystem • Subject to different laws/policies and licensing conditions • Step 2 – Conduct one or more tabletop exercises • Bring together stakeholders from across the ecosystem: government, industry, NGO’s, civil society • Including lawyers from each sector • Step 3 – Prepare analysis of findings • Step 4 – Integrate into knowledge base

  17. Contact Kevin Pomfret kevin@spatiallaw.com Kpomfret@williamsmullen.com @kpomfret

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