Open Data Solutions

Managing the Risk & Economic Development

Lou MilradLegal Counsel & Senior

AdvisorMilrad Law Office

Data Never Sleeps

With no signs of slowing, the data keeps on growing

Defining Open Data

Continues to be defined “consistently” in a variety of ways

•Definition is generally developed around agency’s/organization’s intended use and is driven by targeted, intended user base

•Open Data Handbook: Open data is data that can be freely used, reused and redistributed by anyone - subject only, at most, to the requirement to attribute and share alike.

A leading example of aWorking Group on

Open Government Data

Some areas in which open government data is already having a positive impact include:•Transparency and democratic control•Civil participation•Improved and new private products and services•Innovation•Governmental efficiency

Legal Overview

Open Data

• It all starts with the IP (Intellectual Property) and is manifested through non-commercial IPR (Intellectual Property Right)

• Driven by the “Open” community movement

• Idea that certain data should be freely available to everyone to use and republish in any manner and without restriction, particularly those restrictions that typically impose reuse and republication restrictions through the statutory schemes of copyrights, patents, and similar legal usage or reutilization controls

• Internet has substantially facilitated and contributed to its popularity, at a time when open government & open data, and smart or intelligent communities are popularized

• Open source, open content, open data, open access, etc.

Legal considerations relating to OPEN DATA

• Variations on Traditional (Commercial) Intellectual Property Approach

• Some aspects

• Non-commercial

• Community Commons - Currently 2 applicable models

(out of 4 identified)

• Copyright

• License

• Plain English

In summary

Jonathan Gray – Open Knowledge Foundation

Open Data is all about a set of generally consistent legal principles that are captured in Licenses or Terms of Use that reflects what you may or may not do with the data

Legal considerations relating to OPEN DATA

Intellectual Property Rights (IPR)

1. Canadian Copyright Act

• Recognized internationally - global treaty - UCC

• Data elements versus database

• Concepts of “a “Work” and of a “compilation”

2. Confidential Information

• Case law and contract

Legal considerations relating to OPEN DATA

Associated Legal Considerations

• Data Protection

•Privacy & Access to Information

• Personal Information – MFIPPA

• Breach of Confidence – Confidential Information

• Confidential Information – IPR

• Commercially sensitive information such as financial terms of submitted tenders and proposals

Legal considerations relating to OPEN DATA

“…open government data is a public good that should be available to the

public, not locked up in a proprietary format or a for-pay database.”

Legal considerations relating to OPEN DATA

• Contracting through model License/Terms of Use

• Non-traditional

• Differentiating factors,

• Brevity

• Towards plain English

• Unlike “typical” commercial approach

• Copyright preservation as stated, with extended authority

• Share and share-alike

• Attribution not necessarily required

Reference: Licensing Open Data: A Practical GuideNaomi Korn and Professor Charles Oppenheim, June 2011 version 2.01

http://epsiplatform.eu/content/licensing-open-data-practical-guide

Legal considerations relating to OPEN DATA

• Intellectual Property – Summary

• Ownership

• Of original datasets needs to be by Municipality

• Springboard for innovation

• Conforms to principles that Open Data “is a public good that should be available to the public, not locked up in a proprietary format or a for-pay database.”

• Rights, if any, of private sector cleansing of data?

• Data Catalogues and Datasets – website portal

• What are the Applicable policies around ownership

OPEN DATA & ECONOMIC DEVELOPMENT

A brief introduction into the potential of Open Data as an investment attraction tool

•Municipalities are bastions of a wealth of land related (cadastral) data in both digital and hardcopy format

• Examples include

• Legal Descriptions

• Assessment & property/business tax information

• Official plans, zoning& planning and building information,

• Subdivision and other land related plans (including building plans),, plans of survey, etc.

OPEN DATA & ECONOMIC DEVELOPMENT

A brief introduction (continued)

•all capable of being digitized, cleansed and available as open data as a set of economic development tool ((subject to certain restrictions)

•capable of being pooled and shared with colleague municipalities, senior levels of government, and LIO as well as the private sector

•Goal is to provide a pooled resource to enable site selectors, and potential businesses to create and compare digital models of potential local investment and FTI opportunities

•Would require a public-private approach to design, build, maintain and enhance

OPEN DATA & ECONOMIC DEVELOPMENT

Economic Development and community engagement

• Promotes local engagement and innovation

• e.g. Apps creation around municipal services

• Transportation scheduling and routes

• Tourism attractions

• Job creation

• Site selectors & potential foreign direct investors

Open Data SolutionsManaging the Risk & Economic Development

Lou MilradLegal Counsel & Senior Advisor

Milrad Law Office

lou@milrad.ca 647.982.7890 | 

www.milradlaw.ca