The differences and simillarites between Open data policies and laws


(Mohammad hossein Khani) #1

Hi,
I have some questions about differences (and maybe similarities) between open data policy and open data law. I also had a lot of searches in this field and found a lot of examples and sources for the open data policies. Besides, we had good examples of FOIA law. But there is no such an open data law.

Now I think I need the answers to these questions below:

  1. What is the difference between open data law and policy? ( in another word, how do a law and a policy differ?)

and with this supposition that there do is a difference between a law and a policy, (and I say yes, they are different) we might ask:

  1. There are a lot of samples for open data policies and the preparation guide for it. But is there any kind of open data law a country?

  2. Where is the place of open data law in open data ecosystem? which one of the open data law and policy in an ecosystem is prior to the other?

please notice that there is the same question we can ask about open government; like what the differences between open government policy and open government law are, or whether there is any example, etc.

Thnks


(Mohammad hossein Khani) #2

I found the NewYork Open Data law: https://www1.nyc.gov/site/doitt/initiatives/open-data-law.page

which has been described in “Planning and designing open government data programs: An ecosystem approach” : sciencedirect.com/science/article/pii/S0740624X1630003X :

Although New York’s OGD program is influenced by national andNew York State developments, it is formally designed and governed according to Local Law 11 of 2012,Publishing Open Data, adopted in March2012. This law authorizes the creation of a citywide open data portal to be operated by the Department of Information Technology andTelecommunication (DOITT) and it requires all city government agencies to describe the public datasets under their control and to establish compliance plans to make that data available on the citywide portal.Each agency must appoint an open data coordinator, prioritize its datasets for publication, and provide a timeline for publishing all datasets that are not exempted by law (e.g. by special privacy provisions) by the end of 2018. The portal is also required to publish open data policies and to host a discussion forum to encourage public discussion and new data requests. DOITT is required to prepare a technical standard manual to guide city agencies in publishing their data and to report progress to the Mayor and City Council every July 15, starting in 2014. Thus, New York’s initial OGD strategy is to publish essentially all agency datasets on a single city-wide portal accessible to the public.