[OSM-legal-talk] Australian Government Data from data.gov.au
After brief discussion on the talk-au list, advice is requested from the legal-talk list. The PSMA Admin Boundaries Data is released by the Australian Government at https://data.gov.au/dataset/psma-administrative-boundariesIt is provided under CC-BY-4.0 licence with a condition relating to privacy principles. OSM has received explicit permission to use some Australian Government Data. See http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission Some items published at data.gov.au under CC-BY 4.0 have already been listed on the Contributors page of the wiki but there is concern that the above-mentioned explicit permission may be insufficient for the data. The wiki contributors page includes the statement "Incorporates or developed using Administrative Boundaries ©PSMA Australia Limited licensed by the Commonwealth of Australia under Creative Commons Attribution 4.0 International licence (CC BY 4.0)." but it is not sourced or referenced so that its significance is unclear. The Boundaries Data is also provided with the condition that "Users must only use the data in ways that are consistent with the Australian Privacy Principles issued under the Privacy Act 1988 (Cth)." It seems to me that OSM does not collect or use any personal information about identifiable individuals that would cause a problem but someone else may have a different view. Can we please have advice on whether the previously received explicit permission is adequate to permit use of the PSMA Admin Boundaries Data and whether there is any concern in relation to the Australian Privacy Principles. ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Australian Government Data from data.gov.au
Thanks for that advice. I will draft an email over the next couple of days. On Tue, Jun 28, 2016, at 08:51 PM, Simon Poole wrote: > The explicit permission that we received was for data released > directly by the Australian government, it is unclear if that could > apply to data that they have licensed from a third party for > distribution which seems to be the case here. > CC by 4.0 reduced the requirements on attribution compared to earlier > versions and people have argued that the indirect attribution > (OpenStreetMap -> osm.org -> original datasource) might be enough to > satisfy them, however I would suggest getting explicit permission from > either PSMA or > > Department of the Prime Minister and Cabinet > 02 6271 5111 > spat...@pmc.gov.au > > to be on the safe side. > The further issue I see, is with the additional privacy principles > that must be followed. We cannot restrict how our data is used outside > of the ODbL terms. While we might not be adding personal information, > downstream that may well happen. > A possible workaround might be for either PSMA or pmc.gov.au to > identify which datasets are touchy and not import/use them (and lift > the additional terms for the remaining datasets). > Simon > > Am 28.06.2016 um 08:54 schrieb cleary: >> After brief discussion on the talk-au list, advice is requested from >> the legal-talk list. The PSMA Admin Boundaries Data is released by >> the Australian Government at >> https://data.gov.au/dataset/psma-administrative-boundariesIt is >> provided under CC-BY-4.0 licence with a condition relating to privacy >> principles. OSM has received explicit permission to use some >> Australian Government Data. See >> http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission >> Some items published at data.gov.au under CC-BY 4.0 have already been >> listed on the Contributors page of the wiki but there is concern that >> the above-mentioned explicit permission may be insufficient for the >> data. The wiki contributors page includes the statement "Incorporates >> or developed using Administrative Boundaries ©PSMA Australia Limited >> licensed by the Commonwealth of Australia under Creative Commons >> Attribution 4.0 International licence (CC BY 4.0)." but it is not >> sourced or referenced so that its significance is unclear. The >> Boundaries Data is also provided with the condition that "Users must >> only use the data in ways that are consistent with the Australian >> Privacy Principles issued under the Privacy Act 1988 (Cth)." It >> seems to me that OSM does not collect or use any personal information >> about identifiable individuals that would cause a problem but someone >> else may have a different view. Can we please have advice on whether >> the previously received explicit permission is adequate to permit use >> of the PSMA Admin Boundaries Data and whether there is any concern in >> relation to the Australian Privacy Principles. >> ___ legal-talk mailing >> list legal-talk@openstreetmap.org >> https://lists.openstreetmap.org/listinfo/legal-talk >> > > _ > legal-talk mailing list > legal-talk@openstreetmap.org > https://lists.openstreetmap.org/listinfo/legal-talk > Email had 1 attachment: > * signature.asc 1k (application/pgp-signature) ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
[OSM-legal-talk] Response regarding use of PSMA Administrative Boundaries (Australia)
The issue of using the Australian PSMA Administrative Boundaries in OSM was discussed in both talk-au and legal-talk lists. Subsequently I submitted a request to the Spatial Unit, Department of Prime Minister and Cabinet, seeking permission and stating the issues as clearly as I could. Today I received the following response with my initial request shown below. It explicitly states we are not responsible for the actions of downstream users but I think we need the legal-talk group to clarify if the response helps us. For this reason, this response is being submitted to both lists. - Original message - From: Spatial To: "o...@97k.com" Cc: Spatial Subject: RE: Permission for OpenStreetMap to use PSMA Administrative Boundaries [SEC=UNCLASSIFIED] Date: Fri, 8 Jul 2016 00:19:27 + UNCLASSIFIED Dear Michael Thank you for your email seeking clarification about the licensing conditions regarding the PSMA Administrative Boundaries dataset. Given the large volume of public datasets available via data.gov.au (over 8,200 datasets), we are unable to provide statements with explicit permission for use to individual users. However, we can provide some clarification regarding your concerns. There are no substantial differences between the CC BY 3.0 and the CC BY 4.0 licences. A summary of the differences can be found here: https://creativecommons.org/share-your-work/licensing-considerations/version4/. CC BY 4.0 (like CC BY 3.0) does not prevent OpenStreetMap from applying your own licence to your products but requires end users to comply with the CC BY licence (in relation to the original data). The preferred attribution for adapted material using the PSMA Administrative Boundaries dataset is: Incorporates or developed using Administrative Boundaries (c)PSMA Australia Limited licensed by the Commonwealth of Australia under Creative Commons Attribution 4.0 International licence (CC BY 4.0). We can also confirm that OpenStreetMap is not responsible for the actions of your downstream users. Given the nature of the CC BY licence, your downstream users directly licence the Administrative Boundaries data from the Commonwealth. Provided that OpenStreetMap comply with the licence, then any breach by third parties leads to automatic termination of that third party's rights to use the material and does not impact OpenStreetMap's licence. I trust this information has been of assistance. Kind regards, Spatial Policy team -Original Message- From: cleary [mailto:o...@97k.com] Sent: Thursday, 30 June 2016 6:08 PM To: Spatial Subject: Permission for OpenStreetMap to use PSMA Administrative Boundaries I am a volunteer contributor to OpenStreetMap (OSM) (www.openstreetmap.org) which provides a map, based on open data, for use by anyone who wishes to access it. I understand that OpenStreetMap is the largest open data map project in the world. Various bodies, including some Government organisations, are increasingly using OSM and I was pleased to note that some pages on the data.gov.au website are using OSM. Approximately five years ago, OSM was given explicit permission to incorporate data from Australian Government public information datasets which had been published under CC-BY-2.5 and CC-BY-3.0 licences. The explicit permission allowed OSM to incorporate and publish these CC-BY licensed geographic coordinate datasets under a free and open license, including the Open Database License, provided that attribution was made in the Contributors page of the OpenStreetMap Wiki (http://wiki.openstreetmap.org/wiki/Contributors) including each dataset being identified with specified informaton. (See http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission) I write now to request extension of permission to include the PSMA Administrative Boundaries. It is perceived that issues which may require clarification in regard to the PSMA Administrative Boundaries are: 1. The PSMA Administrative Boundaries are provided under a CC-BY-4.0 licence, not the earlier licences previously specified. 2. The explicit permission that OSM received was for data released directly by the Australian Government, and it is unclear if that would apply to data that which has been licensed from third parties for distribution, which seems to be the case with the PSMA boundaries. 3. There is a requirement that the data may be used only in ways that are consistent with the Australian Privacy Principles. OSM does not collect or use personal information about identifiable individuals but it cannot guarantee how downstream users might use data published by OSM under a free and open licence. If downstream users of OSM are a concern, would it be possible for the Department of Prime Minister and Cabinet or PSMA to identify which datasets are problematic in this regard and exclude them, while granting OSM permission to use datasets which would not provide any cause for concern in regard to th
Re: [OSM-legal-talk] QLD Department of Natural Resources and Mines Data
It is the way bureaucrats say no. They are saying "These are the terms under which you can use it and it's up to you to comply." (Which unfortunately we can't.) That's sort of response I got when I first tried to get permission to use LPI data in NSW. I got quite frustrated by the bureaucrats who either seemed to treat the data as their own possession and begrudged anyone else using it, or they may have been incapable or impotent in their organisations. I was once a bureaucrat (but nothing to do with mapping etc) and I have some insights into how the system works (in Australia, at least). As the bureaucrats are being unhelpful, I think it's worth approaching the all-powerful decision-maker. This would be the Queensland Government Minister who is responsible for the particular Government Department. I'd suggest writing to the Minister (see https://www.dnrm.qld.gov.au/our-department/about-us/minister-for-natural-resources-and-mines) (or, if you are a Queensland resident (i.e voter), you might think it worth writing to your local member and asking him/her to approach the Minister on your behalf - especially if the local member is of the same political party as the Minister). You need to keep it brief as politicians have short attention-spans. Briefly explain (1) that you are requesting permission to use data and specify the data; (2) what OSM is and its open licence, (3) why CC-BY 3.0 is a problem for OSM; (4) propose solution i.e. explicit permission to use the relevant data with acknowledgement on the Contributors page of the OSM Wiki and (5) you might mention that NSW and SA have given such permission without any apparent problems in those jurisdictions, and point to the relevant sections of the Contributors page on the Wiki. Be respectful and brief to get best response. I'd be happy to review a draft with you, if that would help. It's worth the effort. However sometimes, you get only one opportunity and so it's important to try to get it right in the first submission. Otherwise we may have to wait for a new minister before trying again. On Fri, Oct 7, 2016, at 06:08 PM, Reuben Peterkin wrote: > I got this email a while ago in response to a request to use data > from the Queensland Spatial Catalogue catalogue, I'm just wondering > if it is sufficient for explicit permission or if I will need to > liaise more. > > > Reuben > > Forwarded Message Subject: RE: OpenStreetMap Use of > CC data <> Date: Mon, 11 Jul 2016 05:14:27 + From: > DNRM - Open Data To: reuben_p > > Hello Reuben, > > Thanks for your question regarding the licensing of data. > > You are welcome to use DNRM data as long as you adhere to the terms > and conditions for each dataset ( these can be found in the metadata). > Information on _privacy[1]__,_ _copyright[2]_ and _disclaimers[3]_ > that apply to the use of DNRM data can be found on our website. > > In general, unless otherwise indicated, most data is licensed under > _Creative Commons Attribution 3.0 Australia License[4]_. > > Creative Commons Attribution 3.0 Australia License > > If you are in doubt of the licencing requirements of a specific > dataset, send the data’s link or name to opendata [5]and we > will advise. > > If you have any further questions please reply to this email. > > Regards, > Marc Buckingham > Information Officer > Department of Natural Resources and Mines > > Postal Address: GPO Box 2454, Brisbane Q 4001 > -- > - > Supporting - Open Data[6], Qld Globe[7], QTopo[8], Floodcheck[9], > eSurvey[10] and more > > > > > > -Original Message- > From: Reuben > Sent: Sunday, 10 July 2016 11:26 AM > To: Qld Place Names > Subject: OpenStreetMap Use of CC data > > Hi I was just enquiring to obtain permission to use Department of > Natural Resources and Mines Creative Commons Licenced data on Open > Street Map (as they use the ODbL). If you agree to this could you > please provide an attribution statement/permission (there is one from > Transport and Main Roads at > https://wiki.openstreetmap.org/wiki/Attribution/qld.data.gov.au_explicit_permission > , we would add DNRM permission to this page). > > Thanks > Reuben > > -- > The information in this email together with any attachments is > intended only for the person or entity to which it is addressed and > may contain confidential and/or privileged material. There is no > waiver of any confidentiality/privilege by your inadvertent receipt of > this material. > Any form of review, disclosure, modification, distribution and/or > publication of this email message is prohibited, unless as a necessary > part of Departmental business. > If you have received this message in error, you are asked to inform > the sender as quickly as possible and delete this message and any > copies of this message from your computer and/or your computer system > network. > --
[OSM-legal-talk] Australian Government Data
After previous discussion in the legal-talk and talk-au lists, I made further approaches to the Australian Department of Prime Minister and Cabinet regarding access to data published on data.gov.au including the PSMA Administrative Boundaries. Today I received a reply. The full letter is reproduced below. In particular, note the statement that "we can confirm that CC BY 4.0 allows OpenStreetMap to apply its own licence (in this case, ODbL) to its product. We can also confirm that attribution on the OpenStreetMap contributors page would be sufficient to meet the attribution requirements of the licence." While I don't seek to extrapolate this statement to all CC BY 4.0 licensed data from other sources, it seems clear that this statement from the authorised person in Australia's Department of Prime Minister and Cabinet, would be sufficient for us to use the relevant Australian Government data in OSM. With OSM supported by such a statement, I find it difficult to see how the Australian Government (or anyone else) could later try to say we do not have the necessary permission to use the data. In my correspondence to the Government, I referred to the Contributors page of the wiki, and I would reasonably take the response to refer to this page. I had previously undertaken that any response from the Australian authorities would be submitted to the legal-talk list for consideration. I will defer posting to talk-au list until I have feedback from legal-talk. ___ Australian Government Department of Prime Minister and Cabinet Ref: EC16-002146 Mr Michael Cleary OpenStreetMap .. (private address removed) Dear Sir Thank you for your letter of 21 November 2016 regarding the publishing of government data on OpenStreetMap. The Secretary has asked me to reply on his behalf. Public data policy matters fall within my responsibilities. The current policy on licensing for government data is covered by the Guidelines on Licensing Public Sector Information for Australian Government Entities, which is published by the Department of Communication and the Arts. This policy states that public sector information should be released free of charge under a Creative Commons 'BY' 4.0 licence (CC BY 4.0). The CC BY 4.0 licence is an open licence that is intended to enable the use, reuse and commercialisation of open government data. Consistent with this policy, the PSMA Administrative Boundaries have been published under this licensing framework. Due to the large number of datasets on data.gov.au and. in some instances, obligations on the government due to its licensing arrangements with its data suppliers, we are unable to amend the licence terms, or provide exemptions on an individual basis. However, we can confirm that CC BY 4.0 allows OpenStreetMap to apply its own licence (in this case, ODbL) to its product. We can also confirm that attribution on the OpenStreetMap contributors page would be sufficient to meet the attrtibution requirements of the licence. We understand that licence terms can be complex and legalistic. There are several processes underway across government to improve data accessibility and address any barriers to use. The Productivity Commission's draft report on its Inquiry into Data Availability and Use discusses how public sector licensing arrangements can have limitations on the use of government data. Specifically, chapter three discusses issues relevant to your request. The draft report can be downloaded from http://www.pc.gov.au/inquiries/current/data-access/draft. The Final Report is due for release in March next year, and the Government will respond in due course to the recommendations put forward. The Department of Prime Minister and Cabinet is also undertaking public consultation to gather information on the datasets Australians want access to, and any issues they face in using them, including licensing. I encourage you to contribute to this consultation through the online survey at http://thesource.dss.gov.au/unlocking-australias-high-value-data/survey_tools/unlocking-australias-high-value-data-survey/ I hope this information has been of assistance. Yours sincerely Steven Kennedy 22 December 2016 ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
