SDI-policy and law By Jaap Zevenbergen and adapted by Arnold Bregt.

SDI-policy and law

By Jaap Zevenbergen and adapted by Arnold Bregt

SDI and policy

People Policy Data

Standards

Technology

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 or rules• e.g. Policy in California aiming at increased

use of hybrid cars (tax breaks, benefits);

Question

• What is the influence of policy on SDI?

Question

• 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)

SDI Policy documents

GIDEON Stategy

Example

source: Google Earth

Policy & Legal Issues

• Access to geo-information• freedom of information (transparency)• access policies (’free or fee’)• re-use of public information (value adding)

• Property Rights vs. Contracts

• Protection of investments (e.g. copyright)

• Privacy

Property Rights vs Contracts

• Roots of law are agreements between people

• Distinguish between:• agreements between two parties

(contracts)

• agreements between a party and the rest of society ((property) rights)

Property Rights vs Contracts

• 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,

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...

Contract between parties

• try to arrange for eventualities• negotiate, know what each is expecting (what is the

data really; what do you want to do with it really, ..)• in reality, often ‘click and wrap licenses’, not really

reading it; good meta-data crucial (but read ?)

• what if a third party gets hold of data (set), e.g. finding it, stealing it, getting it: how can you protect your investment ?

Protection of investments

• Collection of (large) geospatial data sets is huge investment

• What can be used to protect this ?• copyright• unfair competition• database extraction right• contracts

Copyright

• protects intellectual achievement• not economic investments as such• demands originality, whereas most (large scale)

geospatial data contains facts (--> GBKN)• certain organization in database or map might

be original, but ‘free rider’ can copy facts• lasts 70 years (after death of producer)• NL: government agencies have to claim it: ©

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

Distribution of the use of types cable TV licenses

Privacy

• Art. 8 European Convention on Human Rights (ECHR)

• EU Directive 24-10-1995, No. 95/46/EC• Art. 8 EU Charter of Fundamental Rights

‘Protection of personal data’:• 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)

• sometimes object to automated decisions based on profiles of data subjects

SDI-Policy (February 2, 2010)

Naked on the roof

source: Google Earth

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