Featured

Open Data and Land Ownership

sumandro — 2019-05-22T11:32:18Z

In this chapter of the recently published volume on State of Open Data, Tim Davies and Sumandro Chattapadhyay discuss how the lessons from the land ownership field highlight the political nature of data, and illustrate the importance of politically aware interventions when creating open data standards, infrastructure, and ecosystems. State of Open Data, edited by Tim Davies, Stephen B. Walker, Mor Rubinstein, and Fernando Perini, is published by African Minds and International Development Research Centre, Canada.

State of Open Data: Website and Book (Open Access)

Chapter on Open Data and Land Ownership: Zenodo (PDF)

Key Points

- Global availability of land ownership and land deals data is patchy, but, when available, it has been used by individual citizens, entrepreneurs, civil society, and journalists.

- Over the last decade, a number of responsible data lessons have been learned. These lessons can provide guidance on how to balance transparency and privacy and on how to draw research conclusions from partial data.

- In spite of large donor investments in land registration systems, few resources are currently made available to enable open data related to these projects. There are untapped opportunities as a result.

- Lessons from the land ownership field highlight the political nature of data, and illustrate the importance of politically aware interventions when creating open data standards, infrastructure, and ecosystems.

For more details visit /openness/open-data-and-land-ownership

Design and the Open Knowledge Movement

saumyaa — 2019-04-01T12:13:00Z

With the objective of connecting the open knowledge movement with design, the Access to Knowledge team at the Centre for Internet and Society co-organised the Wikigraphists Bootcamp India 2018 with the Wikimedia Foundation during September 28-30, 2018 in New Delhi. The event was held at the School of Design at Ambedkar University Delhi. As part of the bootcamp, a panel discussion was held in order to bring together design practitioners, educators, open knowledge contributors, and design students to explore how design and open knowledge communities can engage with each other. In this post, Saumyaa Naidu shares the learnings from the panel discussion aimed at exploring the potential collaborations between design and the open knowledge movement.

Introduction

Exchange between Design Academics and Open Knowledge

Potential Means of Engagement with Open Knowledge in Design Practice

Applications of Open Knowledge in Design Education

Conclusion

Introduction

Design has historically been functioning in a closed paradigm, both with regard to practice and education. The design process, resources, and products are largely proprietary and limit who can access them. On the other hand, increased use of digital technology offers the potential for greater access and knowledge sharing. In this setting, a dialogue on design and openness becomes essential. There is a need to build sensitivity among designers towards open knowledge and open access practices. Such an exchange can not only allow for design resources and products to be available in the open domain, but also help designers build an extensive shared knowledge base.

With the objective of connecting the open knowledge movement with design, the Access to Knowledge team at the Centre for Internet and Society co-organised the Wikigraphists Bootcamp India 2018 with the Wikimedia Foundation from 28th to 30th September, 2018 in New Delhi. The event was held at the School of Design at Ambedkar University Delhi. As part of the bootcamp, a panel discussion was held in order to bring together design practitioners, educators, open knowledge contributors, and design students to explore how design and open knowledge communities can engage with each other.

The discussion was preceded by an introduction to the open knowledge movement and its potential in creating access and inclusion, by Satdeep Gill. Satdeep is a community outreach coordinator for India at the Wikimedia Foundation. He is also one of the founding members of Punjabi Wikimedians User Group. Satdeep was the programme leader for the Wikiconference India in 2016. The introduction provided a brief history of copyrights and the beginning of the copyleft movement. It discussed creative commons licensing and the role of Wikipedia in the open knowledge movement.

The panel included Suchitra Balasubrahmanyan, Pooja Saxena, and Shyamal. Suchitra Balasubrahmanyan is the dean at the School of Design in Ambedkar University Delhi (AUD). Her research has been on multiple areas such as history of craft and design, and design education in India. Her practice focuses on social communication design. Pooja Saxena is a typeface and graphic designer whose work centres on multi-script design. She has designed an Ol Chiki typeface for Santali language which is available for free and open use. Pooja also teaches typography at several design schools including Pearl Academy, National Institute of Design, and Srishti school of Art, Design, and Technology. Shyamal is an independent researcher and an ornithologist. He has been contributing to Wikipedia for over fifteen years now. In addition to his contributions about the biodiversity of birds, he has also created several illustrations relating to the same. The panel was moderated by Saumyaa Naidu, a designer and researcher at the Centre for Internet and Society (CIS).

The discussion was aimed at addressing three primary questions around design and the open knowledge movement; how academic materials in design inform unstructured or open knowledge spaces and in what ways do these unstructured spaces come back into design education?, what are the potential means of engagement with open knowledge in design practice?, and in what ways can it be applied in design education?

Exchange between Design Academics and Open Knowledge

The discussion began with an enquiry into the challenges faced in the design of knowledge production and the knowledge production of design. It was directed at understanding the various ways in which design education and academia interact with open knowledge. Prof. Suchitra responded by saying that it is still early days for such an interaction to take place as the discipline of design itself is very proprietary in its approach. The work created in different areas of design is often guarded. Locating the discussion at the School of Design in AUD, she suggested that the Social Design course, which looks at the social application of design, believes in socially produced knowledge and contributing to it. However, the university is constrained by the academic environment which does not facilitate the open exchange of knowledge. There is a culture of copyright and protection of work in academia, and heavy funding is required for journal subscriptions. There is an imbalanced gatekeeping of knowledge as countries like India, which have weaker currencies, cannot access this knowledge or contribute to it. The social design community, a small community yet, is interested in making this knowledge freely accessible, in community participation, in co-designing, and in challenge the idea of one ‘super-designer’ who gets all the credit.

Open knowledge spaces such as Wikipedia often make their way into classrooms when students use these resources for assignments. It was pointed out by Prof. Suchitra that there is a lack of regard among students for giving due attribution to material taken from such platforms. Social Sciences universities also consider Wikipedia as an unreliable source, and discourage its use. There is a need to build the culture of knowledge sharing, borrowing, and contribution. She believes that this should be initiated at the level of school education, and not just design schools, so it is internalised at an early stage. She also shared an epistemological concern regarding such a cultural shift in design as it is commonly believed that the knowledge designers produce belongs to them and their livelihoods are connected to it. Hence, open knowledge and open source are antithetical to the profession. This means that the profession itself has to be imagined differently. The social design programme, in this regard, is trying to ensure that when students create work based on interactions with a community, also go back and present it to the community. This is to say that the work produced cannot be exclusively owned by the designers.

The open knowledge movement in India is closely tied to accessibility of information in Indian languages. The availability of a design knowledge base in Indian languages was discussed in this context. Prof. Suchitra explained that most design education in India is in English and is borrowed from another cultural and geographical setting. Design is a discipline of making, and making has its own language. In that sense, the act and content of design transcends language. But, it is the pedagogy which is held by language. The act of making, which is ubiquitous, and is done naturally by everybody, gets held back when it comes to the transmission in different languages. There can be sanskritised words for design terminology, but the vocabulary of everyday use should be applied to represent this knowledge. The School of Design is looking for ways in which important and more provocative texts in design can be made available in other Indian languages. When students are exploring a career in design and they want to learn about it, the information about courses, programmes, and universities should also be available in their language.

The students at AUD recently demanded that education at the university be provided in multiple languages. Since AUD is funded by the Delhi state government, the students want the medium of instruction to include languages of the state (Hindi, Urdu, and Punjabi) apart from English. However, in order to accomplish this, the university would require multilingual teachers. At a personal level, Prof. Suchitra feels that the medium of instruction cannot be monolingual, and that it is good to be multilingual. There is also the conflict that it doesn’t do justice to either languages, and there is no neat answer yet. She believes that technology provides some answers in the sense that students can access the material through translations in whichever language they prefer. Being located in Delhi, the university attracts students from all parts of the country, so it needs to be multilingual in different ways. Technology can intervene and provide a layer by which access can be given in the language of one’s choice. She inferred that this is not a question of one or two languages, but of languages everywhere.

Potential Means of Engagement with Open Knowledge in Design Practice

Presently, there is limited participation from design practitioners on open knowledge platforms. From the perspective of a design practitioner and educator, Pooja Saxena explained that apart from Wikipedia, designers use The Noun Project, which offers both free and paid ways to use icons. She mentioned how students also use this platform but it appears that they are not as interested in contributing to it. They are guarded about the work they create but are fine with using someone else’s work that is available for free. Pooja suggested a much needed change in the understanding that open knowledge simply means that it is open for use. It must be seen as a community which one needs to engage with in whichever capacity and give back to. Agreeing with Prof. Suchitra, Pooja also observed that students fail to give fair attribution when any work is available for free. There is a lack of training and communication around attribution among designers. Regarding open source softwares meant for image making and creating illustrations, Pooja said that despite her several attempts of using them, she has always gone back to proprietary softwares. She believes that there are not enough people contributing to making these open source applications better to work with. A middle path she recommended for designers is creating work in formats which can be edited across applications, so that the work created can be built upon in any application, and is not bound by a proprietary software.

As an experienced Wikipedian, Shyamal also stressed upon the idea of finding ways to productively give back to the open knowledge community. He talked about the opportunities that design students have in terms of creating quality images and graphics, and making them available for public use. An example of such an opportunity could be creating clipart or icons that can be used for roadside signages or other such public resources. Another possibility he proposed was publishing rough drafts or discarded work on platforms like Wikipedia, so it can be refined and used by others. It is not well known that aside from the textual part of Wikipedia, there exists a larger environment which includes projects like Wikidata, which is a semantic database, and Wikimedia Commons, which is meant for a variety of media such as images, video, audio, and even 3D models now. This offers a variety of options to designers to make their work available for open use. Another aspect that Shyamal brought attention to in this regard is to make the work available in a way that it can be easily found by others, by effectively using metadata and writing appropriate descriptions.

A relevant example of engagement of design with the open knowledge community was shared by Pooja through her type design project. This included designing a typeface family for the Ol Chiki script, which is used to write in the Santhali language. The project was initiated by Subhashish Panigrahi at CIS in order to set up the Santhali Wikipedia. But, at the time there were no unicode compliant fonts available for Ol Chiki. This was a clear example of how a design intervention in the form of a typeface could lead to knowledge being shared and possibly even created in the future. The project was then funded by the Access to Knowledge programme at CIS. Pooja described the process of designing the typeface. She mentioned that even though the Santhali language is spoken by over 6 million people, Ol Chiki is not a commonly used script. The script itself was invented less than a hundred years ago, which meant that there is little documentation available of the script to look at. The team then engaged with the community to understand how they would like the letters to look like, and whether the letters in the font were correct. This was done through comprehensive feedback forms to test the letters and ask specific questions around their form and placement. The exercise was repeated a number of times to get accurate letters.

Through this process, Pooja made a key observation on perfection. Designers are often trained to share or show their work only when they think it is perfect. But, in the case of the typeface, it was impossible to achieve something even close to being finished without showing it and seeking help from the community. The project also led to inspiring a design student from the National Institute of Design, who belongs to the Santhal community, to create letters in Ol Chiki script as part of the ‘36 days of type’ challenge on Instagram. The typeface thus, can contribute towards such projects as well. Pooja concluded that the typeface being available for free can also lead to students making a version of it that serves their purpose better.

Further on open typefaces for Indian languages, Shyamal spoke about the several issues regarding the use of Indian languages, specific to Wikipedia and in general as well. He correlated the lack of academic disciplines in Indian languages with the lack of vocabulary of technical terms. Several people also oppose borrowing words from other languages. In an example of needing to translate the labels of an illustration of a four-stroke engine into an Indian language, the engineer would not know the terms in that language, and the language expert will not know enough about engineering. Shyamal suggested transliterating English words as a first step, so that somebody who doesn’t know English can understand what the word sounds like. Another technical concern is the use of open source fonts of Indian languages for better compatibility on Wikimedia Commons. The platform replaces proprietary fonts with equivalent open source ones during the process of uploading. This changes the typesetting in the illustration in terms of spacing between the letters and sentences, and the resulting design can end up looking different from the intended one. Hence, it is important to include identification and use of open source fonts as part of the learning process in design.

Shyamal further talked about the need to create more awareness about copyright. He explained that the fact that anything we create is automatically copyrighted is not really understood by most people. People posting images on Facebook and Instagram would allow others to use their work when asked, but would hesitate to give a written permission. It would be useful to license out the work. This lack of copyright awareness hinders the creation of a vast visual database on Wikimedia Commons. There is little visual information available online about objects, monuments, maps, places, etc. in India. The advantage of using systems like Wikipedia is that you can geotag places, you can semantically describe them so that people who speak other languages can find that content. The value of availability of such content online for an outsider is not well understood yet. As a practice, when learning something new, Shyamal himself tries to add it on Wikipedia or on related projects, so that it can be of use to anyone else looking for it as well.

On encouraging designers to contribute to open knowledge, Pooja advised that designers can contribute through side projects or self-initiated projects as they are not looking to make any money from them to begin with, and would be able to share the work for free. These side projects can take the form of resources or tools that other people can use to build something else. She also pointed out that it is not necessary that designers cannot get paid to do open work, and shared the example of the Ol Chiki typeface, which was paid for by a patron. There are also organisations that commission projects which are supposed to be available for free use because those organisations need that product to be available for free. Google fonts for example, commissions the typefaces to designers which are eventually available as free and open fonts. It is important for designers to be aware that such opportunities exist, and that they need to be sought.

Applications of Open Knowledge in Design Education

The discussion led to several suggestions on involving design students in the open knowledge movement. Pooja recommended that students can be encouraged to make their assignments available on Wikimedia Commons. Design students are often expected to work on projects that address problems that exist in the real world. In most cases, these projects remain with the students and not get implemented in the real world. If such projects were available on open platforms like Wikimedia Commons, they can be taken forward by others who are tackling the same concerns. It is also something that design students would benefit from because their work will be publicly available.

In order to address the disregard for attributions pointed out earlier, Prof. Suchitra stressed upon the need to build a culture among design students to attribute fairly. This would allow for acceptable acknowledgement to someone who has produced work and contributed it to the open domain. She added that this is being initiated in other design spaces such as the Decolonise Design group, which some design faculties are a part of. The group looks at ways of finding different cultural anchors for design. One such project is where design faculties have gotten together to share design assignments, in order to see what kind of assignments we set in the classroom for teaching various kinds of concepts in design. The faculties are trying to form an international platform where teaching methods can be shared and a bank of design assignments can be created. These methods and assignments are otherwise considered proprietary.

Prof. Suchitra also talked about the onus on public funded educational institutions to make their work available on open platforms, at least in projects which have a larger use. The Industrial Design Centre (IDC), Powai already has a portal on which design related educational material is available for anyone who is interested. They offer an online course in design which anyone can register for and attend. It is only for the certification at the end of the course, that one needs to pay to take an exam. Design courses otherwise tend to be quite expensive. She mentioned that the School of Design at AUD has been contemplating sharing the thesis work that students produce on Academia, a platform for academics to share research papers, where it can be downloaded for free. This allows for the work to be viewed by people outside the school, which is a significant step for young designers. Design as a profession fundamentally does not allow sharing, and this certainly needs to change. She gave the example of textiles, where the traditional artworks and motifs are picked up from different sources and placed on fabrics. Such reuse borders on unethical practice. Therefore, we need to identify the boundaries of open source. The ethical aspects of it need to be opened up and discussed, otherwise it can lead to asymmetrical knowledge practices. The attribution or acknowledgement that the work individually or culturally belongs to somebody, needs to be recognised.

On the learning by doing approach in design education, Pooja raised the concern that there is a lack of attention towards ‘learning by reading’. Design related reading materials are not available on open platforms and in different languages. She suggested that even if the readings are available in English, it is also useful for them to be available in a vocabulary that is more acceptable for someone for whom it is not their first language. Further, the ‘doing’ is also framed by a certain perspective, and often that perspective is quite closed. It does not take into account where the students is coming from. For example, a branding assignment for a product for new mothers does not consider how eighteen year old students would understand the product without any interaction with the users. It doesn’t ask why does it have to be branding to begin with. It also limits the objective to ‘selling something’ while there are other ways in which design can intervene. In the assignments where students engage with a community, there is often a clear asymmetry between the students and the people they are designing for. There is a vast gap in the knowledge and experience shared by the two. Consequently, students are forced to either assert themselves in this community or misrepresent themselves. This also takes away from students wanting to share their work on open platforms. Pooja recommended that they would be more willing to put the work out in the open when they are working with their own community because they can then see how it affects people in a much more direct way.

Conclusion

The discussion brought forward various intersections in design and open knowledge, and the possible ways in which the two can lend to each other. Broader interventions such as a cultural shift in design around sharing work and discussing its ethical aspects, availability of academic material in design on open platforms and in different Indian languages, sensitivity around fair attribution and copyrights among designers, and designers seeking out or self initiating projects that contribute to the open domain were discussed. In terms of specific steps, ideas including design practitioners creating works in formats which are editable on open applications, adding more visual content on platforms like Wikimedia Commons, creating and using more open typefaces in Indian languages, and students sharing their assignments on open platforms were considered. Other ways of engagement with design education could be through internships and workshops that demonstrate the need for open knowledge systems.

During the interaction with the audience, another key concern was brought up by Govind Sivan, a student at the School of Design at AUD. He spoke about the prevalent approach in design schools of giving primary importance to originality. Students work towards thinking of unique ideas and any similarity between their own and a classmate’s assignment is seen as a failure of creativity. Such an approach goes on to curb shared knowledge and collaborative working, and needs to be changed in order to make way for openness in design. Prof. Suchitra also advised that there is more value to design in thinking of it as a collaborative project.

Design is also gradually opening up its process to include the people being designed for through open research methods such as co-design and participatory design. All aspects of a design process such as need identification, data gathering, and the end product can be conceptualised for openness. These directions can be explored by both designers and the open knowledge community for the creation of a greater and more accessible knowledge base.

For more details visit /a2k/blogs/saumyaa-naidu-design-and-the-open-knowledge-movement

Marathi Language Fortnight Workshops 2019

subodh — 2019-03-01T00:39:33Z

Maharashtra is a state which is rich in diversity in terms of language and culture seen in its various regions such as Konkan, Marathwada, Western Maharashtra, Northern Maharashtra and Vidarbha. Awareness needs to be created to make Wikimedia movement inclusive and diverse in these geographical regions as well as in their social strata.

Collaboration for organizing events

The Centre for Internet & Society’s Access to Knowledge wing (CIS-A2K) launched the concept of organizing state-wide workshops to spread awareness and train editors in the nitty-gritties of Wikipedia editing and creating digital content. The campaign is now regularly conducted by Rajya Marathi Vikas Sanstha (RMVS), the language department of Maharashtra government with support from CIS-A2K and various institutions.

These events were conducted during the Marathi language fortnight (1 – 15 January 2019) upto Marathi Language Day on 27 February 2019. The objectives of the event such as creating awareness about digital knowledge in Marathi, open knowledge resources and Wikimedia projects; explaining the history of Wiki movement; training participants in basic editing skills in Wikipedia; exploring ways to find reliable references; presenting article structure, were broadly covered in the sessions. Trainers also explained participants on copyright, community guidelines, uploading images, and so on.

CIS-A2K had collaborated with the state language department from 2017 onwards. In the first series of workshops, three events were conducted. In the second series in 2018 six workshops out of a total 17 workshops were conducted across the state. In the year 2019, the awareness spread to more educational institutions located in different regions of the state. In the third series, CIS-A2K conducted five workshops out of total 21 workshops conducted. CIS facilitated the process and supported some workshops remotely.

The Workshops

The first workshop was conducted at Chintamanrao College of Commerce at Sangli. The awareness session about open knowledge sources and Wikimedia projects was organized for students and faculty in the beginning of workshop. After this one hour session, actual skill training in Wikipedia editing was done for three hours for 24 participants. They created the account and learnt the editing and image upload on Commons. The practice was done in sandboxes before working in main namespace. The students of pre-university course and graduate course attended the workshop. The commerce and management related articles were edited.

The second workshop was conducted at Shivaji University, Kolhapur. The Marathi language department took the initiative to organize this workshop for the second consecutive year. The participants were selected from 4 colleges affiliated to university. The faculty was also actively involved. The introductory session was attended by 50 students. The editing training of three hours was conducted in computer lab, in which 24 new users participated. The editors practiced the manual of style, providing links and references, etc. on their sandboxes before working on the main namespace articles. The editors mostly worked on locally relevant topics.

The third workshop was conducted in Dayanand College at Solapur. This institution organized this event for the second consecutive year. The thematic discussion on history of Solapur was facilitated by a senior editor of Sakal newspaper. The plan for documentation of local festival - Gadda Yatra and history of Solapur was discussed. It is proposed to start this activity with thematic workshop. Total 15 new and old users participated in the workshop.

The fourth workshop was conducted at Mass Communication & Journalism department of Solapur University. The faculty of this department took the initiative to organize this event for the second time. Total 25 new and old users participated in the workshop. The participants edited the articles related to journalism and also uploaded the images on Commons. Some editors completed the task of adding references to articles. After the meeting with the faculty, group of post graduate students were assigned 50 articles about reputed Marathi newspapers. They will complete this task as part of their online academic submissions.

The fifth wokshop was conducted at SSSKR Innani College at Karanja Lad in district Washim. This was the first Wikipedia programme in this region of the state. As it was the first Wiki event, we decided to organise a two day workshop. The management and faculty participated actively in this workshop. In the workshop, references and images were added to existing articles about local heritage, tourist places and personalities. The images were uploaded to newly created categories - Karanja Lad and SSSKR Innani College on Commons. Over 100 members participated in this two day event, while 45 users edited actively on Wikimedia projects.

Follow-up

After the workshop, quarterly refresher sessions are planned in these institutions. The active students' WhatsApp groups will be formed for support and online training sessions. This cadre of Wiki Guides would facilitate the programs for other students. The meeting with faculty and board of studies would be held for integration of Wikimedia activities with the academic assignments.

More info check out the Meta report.

For more details visit /a2k/blogs/marathi-language-fortnight-workshops-2019

On World Water Day - Open Data for Water Resources

sumandro — 2019-01-28T14:41:51Z

Lack of open data for researchers and activists is a key barrier against ensuring access to water and planning for sustainable management of water resources. In a collaboration between DataMeet and CIS, supported by Arghyam, we are exploring the early steps for making open data and tools to plan for water resources accessible to all. To celebrate the World Water Day 2018, we are sharing what we have been working on in the past few months - a paper on open data for water studies in India, and a web app to make open water data easily explorable and usable. Craig Dsouza led this collaboration, and authored this post.

Project Blog: Open Water Data for Integrated Water Science (External)

Open Water Data Paper - Datasets for Water Studies in India Blog - Summary: Read (External)

Open Water Data Paper - Datasets for Water Studies in India Blog - Full Paper: Read (PDF)

Open Water Data Web App: View (External)

Open Water Data Web App - Tech Stack: Read (External)

Open Water Data Web App - Precipitation Data: Read (External)

The 22nd of March is celebrated internationally as World Water Day. Water is so tightly intertwined in every aspect of our lives that one can only scratch the surface in understanding this resource. Besides directly giving us life, it is a key non-renewable shared resource that dictates whether and how societies can grow and prosper. It has shaped the way civilization arose - on riverbanks and coastal lands. Adequate water of good quality can make or break a child’s early growth. Water available at the right time in the monsoon could shape a family’s fortunes for an entire year.

Unfortunately given the development trajectory of the last century, we have struggled to strike a balance and use water in a sustainable manner. Far too many face the ill effects of this misuse. The challenge with water lies in its nature as a common pool resource, which means that it belongs to everyone. Water is for everyone to benefit from and conversely it is no individual’s responsibility to manage and to ensure its sustainability. While some laws and policies exist to ensure sustainable use of water its fluid (pun intended) and ephemeral nature make those laws very hard to enforce. No one knows for sure how much water lies under the ground and above the surface, we only have estimates. Moreover even these estimates lie in the hands of a few. The Government of India is by far the largest entity that collects data on water across the country. Management of this resource however requires that these data points and the capacity to monitor should be decentralized. The 73rd amendment recognises this by placing the authority to plan and implement local works such as watershed management and drinking water provision under the purview of Panchayats.

To address this shortcoming Datameet and CIS in collaboration have taken first steps with a project to ensure that data and tools to plan for water resources are accessible to all. The strategy within this project has been to seek alternative data sources for water, other than government data much of which still isn’t open data. Two alternatives that have emerged are remote sensing open data and crowdsourced community data. A paper put together by the team highlights the numerous sources available for datasets such as rainfall, soil moisture, groundwater levels, reservoir storages, river flows, and water demand including domestic and agricultural water. Besides the paper the team has also put together a first iteration of a web app which seeks to provide these datasets in an easy to use intuitive and interactive format to users in the area of water planning and management. The first dataset available here is CHIRPS: a high resolution daily rainfall dataset for the whole of India.

The plans for this project in the future include making available more datasets (crop maps and Evapotranspiration) and features to access them. In addition to this the goal is also to improve our understanding of the usability of remote sensing water data with efforts to calibrate it with ground observations. A key element of these plans is to develop these resources in collaboration with end users of the data so that the tools are developed with their concerns in mind. We welcome ideas, queries, feedback, and partnerships - do contact us at pune@datameet.org.

For more details visit /openness/on-world-water-day-open-data-for-water-resources

Economic, Social and Cultural Rights in India: Opportunities for Advocacy in Intellectual Property

Sunil Abraham and Vidushi Marda — 2017-04-23T05:22:01Z

Centre for Internet & Society worked on a three part case study. The first case study on digital protection of traditional knowledge was published by GIS Watch in December 2016. The other two case studies along with the synthesis overview has also been published.

The rights established in the International Covenant on Economic, Social and Cultural Rights (ICESCR) are socioeconomic rights and are easily mapped onto rights to education, work, science and culture. These rights, however, are not as easily mapped onto intellectual property rights. This three-part case study contemplates the ICESCR through aspects of intellectual property in India, namely, mobile patents, free and open source software (FOSS), and India’s Traditional Knowledge Digital Library. Through these, it demonstrates the potential of these technologies in realising ESCRs.

A distinguishing factor of the ICESCR is the emphasis on the progressive realisation of rights within the Covenant, which indicates the necessity of parties to take steps for the realisation of ESCRs to the best of their ability given the resources available, with a view to fully realising these rights in the long term. This is particularly relevant in India, where the large population and scarcity of resources require gradual realisation and sustained planning. This case study advocates for the progressive realisation of the rights outlined below, and sheds light on the current state of progress in India, as well as providing an overview of the framework within which these rights will be realised.

Although these three case studies focus on distinct areas – mobile patents, FOSS and open standards, and traditional knowledge – they can also be understood as tied together through the central theme of a mobile phone. The first case study on mobile patents deals with the hardware of the phone, the second deals with the software in discussing open software and standards, and the third case study on traditional knowledge focuses on the person holding the phone who consumes information-embedded products such as traditional foods and medicines.

The report on digital protection of traditional knowledge was published by GIS Watch earlier and the rest of the reports have been published by the Association for Progressive Communications.

For more details visit /openness/apc-april-23-2017-sunil-abraham-and-vidushi-marda-economic-social-and-cultural-rights-in-india

Submitted Comments on the Telangana State Open Data Policy 2016

sumandro — 2016-09-01T05:49:51Z

Last month, the Information Technology, Electronics & Communications Department of the Government of Telangana released the first public draft of the Telangana State Open Data Policy 2016, and sought comments from various stakeholders in the state and outside. The draft policy not only aims to facilitate and provide a framework for proactive disclosure of data created by the state government agencies, but also identify the need for integrating such a mandate within the information systems operated by these agencies as well. CIS is grateful to be invited to submit its detailed comments on the same. The submission was drafted by Anubha Sinha and Sumandro Chattapadhyay.

Download the submitted document: PDF.

1. Preliminary

1.1. This submission presents comments and recommendations by the Centre for Internet and Society (“CIS”) [1] on the proposed draft of the Telangana Open Data Policy 2016 (“the draft policy”). This submission is based on Version 1 of the draft policy shared by the Information Technology, Electronics & Communications Department, Government of Telangana (“the ITE&C Department”).

1.2. CIS commends the ITE&C Department for its generous efforts at seeking inputs from various stakeholders to draft an open data policy for the state of Telangana. CIS is thankful for this opportunity to provide a clause-by-clause submission.

2. The Centre for Internet and Society

2.1. The Centre for Internet and Society, CIS, is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa.

2.2. This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved. The comments in this submission aim to further the principle of citizens’ right to information, instituting openness-by-default in governmental activities, and to realise the various kinds of public goods that can emerge from greater availability of open (government) data. The submission is limited to those clauses that most directly have an impact on these principles.

3. Comments and Recommendations

This section presents comments and recommendations directed at the draft policy as a whole, and in certain places, directed at specific clauses of the draft policy.

3.1. Defining the Scope of the Policy in the Preamble

3.1.1. CIS observes and appreciates that the ITE&C Department has identified the open data policy as a catalyst for, and as dependent upon, a larger transformation of the information systems implemented in the state, to specifically ensure that these information systems.

3.1.2. CIS commends the endeavour of the draft policy to share data in open and machine-readable standards. To further this, it will be useful for the preamble to explicitly mandate proactive disclosure in both human-readable and machine-readable formats, using open standards, and under open license(s).

3.1.3. CIS recommends that the draft policy state the scope of the policy at the outset, i.e. in the Preamble section of the document. This will provide greater clarity to the stakeholders who are trying to ascertain applicability of the draft policy to their data.

3.1.4. CIS commends the crucial mandate of creating data inventory within every state government ministry / department. We further recommend that the draft policy also expressly states the need to make these inventories publicly accessible.

3.1.5. CIS commends the draft policy’s aim to build a process to engage with data users for better outcomes. We suggest that the draft policy also enumerates the “outcomes” of such engagement, in order to provide more clarity. We recommend that these “outcomes” include greater public supply of open government data in an effective, well-documented, timely, and responsible manner.

3.1.6. Further, CIS suggests that the draft policy define “information centric and customer centric data” to provide more clarity to the document, as well as its scope and objectives.

3.2. Provide Legal and Policy References

3.2.1. Strengthening transparency, predictability, and legal certainty of rules benefits all stakeholders. Thus, as far as possible, terms in the draft policy should use pre-existing legal definitions. In case of ambiguities arising after the implementation of the policy, consistency in definitions will also lead to greater interpretive certainty. It must be noted that good quality public policies which promote legal certainty, lead to better implementation.

3.2.2. CIS observes that the draft policy re-defines various terms in Section 4 that have already been defined in National Data Sharing and Accessibility Policy (“NDSAP”) 2012 [2], the Right to Information 2005 (“RTI Act”) [3], and IT (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011 [4]. We strongly recommend that the draft policy uses the pre-existing definitions in these acts, rules, and policies.

3.2.3. Further, CIS observes that while certain sections accurately reflect definitions and parts from other acts, rules and policies, such sections are not referenced back to the latter. These sections include, but are not limited to: Sections 3, 7, 8, 4 (definitions of Data set, Data Archive, Negative list, Sensitive Personal data). We strongly recommend that accurate legal references be added to the draft policy after careful study of the language used.

3.3. Need for More Focused Objective Statement

3.3.1. While the draft policy has a very comprehensive statement of its objectives, including "all issues related to data in terms of the available scope of sharing and accessing spatial and non-spatial data under broad frameworks of standards and interoperability," it may consider offering a more focused statement of its key objective, which is to provide a policy framework for proactive disclosure of government data by the various agencies of the Government of Telangana.

3.3.2. Further, the objective statement must clearly state that the policy enables publication of data created by the agencies of the Government of Telangana, and/or by private agencies working in partnership with public agencies, using public funds as open data (that is, using open standards, and under open license). The present version of the objective statement mentions "sharing" and "accessing" the data concerned under "broad frameworks of standards and interoperability" but does not make it clear if such shared data will be available in open standards, under open licenses, and for royalty-free adaptation and redistribution by the users concerned.

3.4. Suggestions related to the Definitions

3.4.1. The term “Data” has not been defined in accordance with NDSAP 2012. We suggest that the definition provided in NDSAP is followed so as to ensure legal compatibility.

3.4.2. The term “Sensitive Personal Data” seems to have been defined on the basis of the definition provided in the IT (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011. Please add direct reference so as to make this clear. We further suggest that the term “Personal Information”, also defined in the same IT Rules, is also included and referred to in the draft policy, so that not only Sensitive Personal Data is barred from disclosure under this policy, but also Personal Information (that is "any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person") [5].

3.4.3. The term “Negative List” is defined in a manner that allows the state government ministries and agencies to identify which data are to be considered as non-shareable without any reference to an existing policy framework that list acceptable grounds for such identification. The term must be defined more restrictively, as this definition can allow an agency to avoid disclosure of data that may not be legally justifiable as non-shareable or sensitive. Thus, we recommend a more limited definition which may draw upon the RTI Act 2005, and specifically consider the factors mentioned in Sections 8 and 9 of the Act as the (only) set of acceptable reasons for non-disclosure of government data.

3.4.4. The terms “Shareable Data” and “Sensitive Data” are used in several places in the draft policy but are not defined in Section 4. Both these terms are defined in NDSAP 2012. We suggest that both these terms be listed in Section 4, in accordance with the respective definitions provided in NDSAP 2012.

3.4.5. The terms “Data Archive”, “Data Acquisition”, “Raw Data”, “Standards-Compliant Applications”, and “Unique Data” are defined in Section 4, but none of these terms appear elsewhere in the draft policy. We suggest that these terms are either better integrated into the document, or may not be defined at all.

3.5. Rename Section 6 to Focus on Implementation of the Policy

3.5.1. Though the Section 6 is named as “Shareable Data”, it instead categorically lists down how the policy is to be implemented. This is a very welcome step, but the Section title should reflect this purpose of the Section.

3.5.2. The decision proposed in the draft policy to make it mandatory for "each funding organization" to "highlight data sharing policy as preamble in its RFPs as well as Project proposal formats" is much appreciated and commendable. For a clearer and wider applicability of this measure, we recommend that this responsibility should apply to all state government agencies, including agencies where the state government enjoys significant stake, and all public-private partnerships entered into by the state government agencies, and not only to "funding organizations" (a term that has also not been defined in the draft policy).

3.5.3. While the Section details out various measures and steps of implementation of the policy, it does not clarify which agency and/or committee would have the authority and responsibility to coordinate, monitor, facilitate, and ensure these measures and steps. Not only governmental representatives but also non-governmental representatives may be considered for such a committee.

3.6. Host All Open Government Data in the State Portal

3.6.1. We observe that the Section 6 indicates that , the designated domain for the open government data portal for the state of Telangana, will only store metadata related to the proactive disclosed data sets but not the data sets themselves. This is further clarified in Section 10. We strongly urge the ITE&C Department to reconsider this decision to not to store the actual open data sets in the state open government data portal itself but in the departmental portals. A central archive of the open data assets, hosted by the state open government data portal, will allow for more effective and streamlined management of the open data assets concerned, including their systematic backing-up, better security and integrity, permanent and unique disclosure, and rule-driven updation. This would also reduce the burden upon all the government agencies, especially those that do not have a substantial IT team, to run independent department-specific open data portals.

3.7. Reconsider the Section on Data Classification

3.7.1. While it is clear that the Section 7 on Data Classification follows the classification of various data sets created, managed, and/or hosted by government agencies offered in the NDSAP 2012, it is not very clear what role this classification plays in functioning and implementation of the draft policy. While Open Access and Registered Access data may both be considered as open government data that is to be proactively disclosed by the state government agencies via the state open government data portal, the Restricted Access data overlaps with the kinds of data already included in the Negative List defined in the draft policy (and elsewhere, like the RTI Act 2005). Further, the final sentence in this Section ensures that all data users provide appropriate attribution of the source(s) of the data set concerned, which (though is an important statement) should not be part of this Section on Data Classification. We suggest reconsideration of inclusion of this Section.

3.8. Reconsider the Section on Technology for Sharing and Access

3.8.1. While it is clear that the Section 8 on Technology for Sharing and Access is adapted from the Section 9 of the NDSAP 2012, the text in this Section seems to be not fully compatible with other statements in this draft policy. For example, the Section states that "[t]his integrated repository will hold data of current and historical nature and this repository over a period of time will also encompass data generated by various State Government departments." However, the draft policy states in Section 10 that "data.telangana.gov.in will only have the metadata and data itself will be accessed from the portals of the departments."

3.8.2. We strongly urge the ITE&C Department to revise this Section through close discussion with the NDSAP Project Management Unit, National Informatics Centre, which is the technical team responsible for developing and managing the portal, since the present version of this Section lists the original feature set of the portal as envisioned in 2012 but does not reflect the most recent feature set that has been already implemented in the portal concerned.

3.9. Current Legal Framework (Section 9) should List to Relevant Acts, Rules, Policies, and Guidelines

3.9.1. CIS observes that the draft policy attempts to lay out the applicable legal framework in Section 2 and 9 of the draft policy, and submits that the legal framework is incomplete and recommends that the draft policy lists all the following relevant acts, rules, policies and guidelines:

National Data Sharing and Accessibility Policy, 2012
Right to Information Act, 2005
Information Technology Act, 2002
Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

3.9.2. CIS submits that apart from the policies mentioned above, the implementation of the draft policy is intricately linked to concepts of "open standards," "open source software," "open API," and "right to information." These concepts are governed by specific acts and policies, and are applicable to government owned data, as follows:

Adoption of Open Standards: CIS observes that the draft policy draws on the importance of building information systems for interoperability and greater information accessibility. Interoperability is achieved by appropriate implementation of open standards. Thus, CIS submits that the Policy on Open Standards for e-Governance [6] which establishes the guidelines for usage of open standards to ensure seamless interoperability, and the Implementation Guidelines of the National Data Sharing and Accessibility Policy, 2012 [7] should be mentioned in the draft policy.
Adoption of Open Source Software: The Policy on Adoption of Open Source Software for Government of India states that the "Government of India shall endeavour to adopt Open Source Software in all e-Governance systems implemented by various Government organizations, as a preferred option in comparison to Closed Source Software [8]." As the draft policy proposed to guide the development of information systems to share open data is being developed and implemented both by the Government of Telangana and by other agencies (academic, commercial, and otherwise), it must include an explicit reference and embracing of this mandate for adoption of Open Source Software, for reasons of reducing expenses, avoiding vendor lock-ins, re-usability of software components, enabling public accountability, and greater security of software systems.
Implementation of Open APIs: CIS observes that the draft policy refers to Standard compliant applications in Section 4. CIS suggests that final version of the policy refer to and operationalise the Policy on Open Application Programming Interfaces (APIs) for Government of India [9]. This will ensure that the openly available data is available to the public, as well as to all the government agencies, in a structured digital format that is easy to consume and use on one hand, and is available for various forms of value addition and innovation on the other. Refer to Official Secrets Act, 1923: The Official Secrets Act penalises a person if he/she "obtains, collects, records or publishes or communicates to other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy for which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States [10]." CIS submits that this Act should be referred to in this context of ensuring non-publication of the aforementioned data.

3.10. Mandate a Participatory Process for Developing the Implementation Guidelines

3.10.1. We highly appreciate and welcome the fact that the draft policy emphasises rapid operationalisation of the policy by mandating that the ITE&C Department will prepare a detailed implementation guideline within 6 months of the notification of this policy, and all state government departments will publish at least 5 high value datasets within the next three months. Just as an addition to this mandate, we would like to propose that it can be suggested that the ITE&C Department undertakes a participatory process, with contributions from both government agencies and non-government actors, to develop this implementation guideline document. We believe that opening up government data in an effective and sustainable manner, for most government agencies, involves a systematic change in how the agency undertakes day-to-day data management practices. Hence, to develop productive and practical implementation guidelines, the ITE&C Department needs to gather insights from the other state government agencies regarding their existing data (and metadata) management practices [11]. Further, participation of the non-government actors in this process is crucial to ensure that the implementation guidelines appropriately identify the high value data sets, that is data sets that should be published on a priority basis.

3.11. Defer the Decision about Roles of Data Owners, Generators, and Controllers

3.11.1. As the draft policy does not specifically define the terms “Data Owners”, “Data Generators”, and “Data Controllers”, and the Section 11 only briefly describes some of the roles of these types of actors, we suggest removal of this discussion and the decision regarding the specific roles and functions of the Data Owners / Generators / Controllers from the draft policy itself. It will be perhaps more appropriate and effective to define these terms, as well as their roles and functions, in the implementation guidelines to be prepared by the ITE&C Department after the notification of the open data policy, since these terms relate directly to the final designing of the implementation process.

3.12. CIS is grateful to the ITE&C Department for this opportunity to provide comments, and would be honoured to provide further assistance on the matter.

Endnotes

[1] See: /.

[2] See: http://data.gov.in/sites/default/files/NDSAP.pdf.

[3] See: http://rti.gov.in/webactrti.htm.

[4] See: http://meity.gov.in/sites/upload_files/dit/files/GSR313E_10511(1).pdf.

[5] See Section 2 (1) (i) of IT (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011.

[6] See: https://egovstandards.gov.in/sites/default/files/Published%20Documents/Policy_on_Open_Standards_for_e-Governance.pdf.

[7] See: https://data.gov.in/sites/default/files/NDSAP_Implementation_Guidelines_2.2.pdf.

[8] See: http://deity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf.

[9] See: http://deity.gov.in/sites/upload_files/dit/files/Open_APIs_19May2015.pdf.

[10] See: http://www.archive.india.gov.in/allimpfrms/allacts/3314.pdf, Sections 2 (2) and 3 (1) (c).

[11] A similar process was undertaken by the IT Department of the Government of Sikkim when developing the implementation guideline document. The ITE&C Department may consider discussing the matter with the said department to exchange relevant learnings.

For more details visit /openness/comments-on-the-telangana-state-open-data-policy-2016

Submitted Comments on the 'Government Open Data Use License - India'

sinha — 2016-07-26T09:23:48Z

The public consultation process of the draft open data license to be used by Government of India has ended yesterday. Here we share the text of the submission by CIS. It was drafted by Anubha Sinha, Pranesh Prakash, and Sumandro Chattapadhyay.

The following comments on the 'Government Open Data Use License - India' was drafted by Anubha Sinha, Pranesh Prakash, and Sumandro Chattapadhyay, and submitted through the MyGov portal on July 25, 2016. The original submission can be found here.

I. Preliminary

This submission presents comments by the Centre for Internet and Society (“CIS”) [1] on the draft Government Open Data Use License - India (“the draft licence”) [2] by the Department of Legal Affairs.
This submission is based on the draft licence released on the MyGov portal on June 27, 2016 [3].
CIS commends the Department of Ministry of Law and Justice, Government of India for its efforts at seeking inputs from various stakeholders prior to finalising its open data licence. CIS is thankful for the opportunity to have been a part of the discussion during the framing of the licence; and to provide this submission, in furtherance of the feedback process continuing from the draft licence.

II. Overview

The Centre for Internet and Society is a non-governmental organisation engaged in research and policy work in the areas of, inter alia, access to knowledge and openness. This clause-by-clause submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved. Accordingly, the comments in this submission aim to further these principles and are limited to those clauses that most directly have an impact on them.

III. Comments and Recommendations

Name of the Licence: CIS recommends naming the licence “Open Data Licence - India” to reflect the nomenclature already established for similar licences in other nations like the UK and Canada. More importantly, the inclusion of the word ‘use’ in the original name “Government Open Data Use License” is misleading, since the licence permits use, sharing, modification and redistribution of open data.
Change Language on Permissible Use of Data: The draft licence uses the terms “Access, use, adapt, and redistribute,” which are used in UNESCO’s definition of open educational resources, whereas, under the Indian Copyright Act [4], it should cover “reproduction, issuing of copies,” etc. To resolve this difference, we suggest the following language be used: “Subject to the provisions of section 7, all users are provided a worldwide, royalty-free, non-exclusive licence to all rights covered by copyright and allied rights, for the duration of existence of such copyright and allied rights over the data or information.”
Add Section on the Scope of Applicability of the Licence: It will be useful to inform the user of the licence on its applicability. The section may be drafted as: “This licence is meant for public use, and especially by all Ministries, Departments, Organizations, Agencies, and autonomous bodies of Government of India, when publicly disclosing, either proactively or reactively, data and information created, generated, collected, and managed using public funds provided by Government of India directly or through authorized agencies.”
Add Sub-Clause Specifying that the Licence is Agnostic of Mode of Access: As part of the section 4 of the draft licence, titled ‘Terms and Conditions of Use of Data,’ a sub-clause should be added that specifies that users may enjoy all the freedom granted under this licence irrespective of their preferred mode of access of the data concerned, say manually downloaded from the website, automatically accessed via an API, collected from a third party involved in re-sharing of this data, accessed in physical/printed form, etc.
Add Sub-Clause on Non-Repudiability and Integrity of the Published Data: To complement the sub-clause 6.e. that notes that data published under this licence should be published permanently and with appropriate versioning (in case of the published data being updated and/or modified), another sub-clause should be added that states that non-repudiability and integrity of published data must be ensured through application of real/digital signature, as applicable, and checksum, as applicable. This is to ensure that an user who has obtained the data, either in physical or digital form, can effectively identify and verify the the agency that has published the data, and if any parts of the data have been lost/modified in the process of distribution and/or transmission (through technological corruption of data, or otherwise).
Combine Section 6 on Exemptions and Section 7 on Termination: Given that the licence cannot reasonably proscribe access to data that has already been published online, it is suggested that it would be better to simply terminate the application of the licence to that data or information that ought not to have been published for grounds provided under section 8 of the RTI Act, or have been inadvertently published. It should also be noted that section 8 of the RTI Act cannot be “violated” (as stated in Section 6.g. of the draft licence), since it only provides permission for the public authority to withhold information, and does not impose an obligation on them (or anyone else) to do so. The combined clause can read: “Upon determination by the data provider that specific data or information should not have been publicly disclosed for the grounds provided under Section 8 of the Right to Information Act, 2005, the data provider may terminate the applicability of the licence for that data or information, and this termination will have the effect of revocation of all rights provided under Section 3 of this licence.”
It will be our pleasure to discuss these submissions with the Department of Legal Affairs in greater detail, supplement these with further submissions if necessary, and offer any other assistance towards the efforts at developing a national open data licence.

[1] See: /.

[2] See: https://www.mygov.in/sites/default/files/mygov_1466767582190667.pdf.

[3] See: https://www.mygov.in/group-issue/public-consultation-government-open-data-use-license-india/.

[4] See: http://www.copyright.gov.in/Documents/CopyrightRules1957.pdf.

For more details visit /openness/submitted-comments-on-the-government-open-data-use-license-india

Public Consultation for the First Draft of 'Government Open Data Use License - India' Announced

sinha — 2016-06-30T09:41:07Z

The first public draft of the open data license to be used by Government of India was released by the Department of Legal Affairs earlier this week. Comments are invited from general public and stakeholders. These are to be submitted via the MyGov portal by July 25, 2016. CIS was a member of the committee constituted to develop the license concerned, and we contributed substantially to the drafting process.

Please read the call for comments here.

The PDF version of the draft license document can be accessed here.

Comments are to be submitted by July 25, 2016.

Government Open Data Use License - India

National Data Sharing and Accessibility Policy

Government of India

1. Preamble

Structured data available in open format and open license for public access and use, usually termed as “Open Data,” is of prime importance in the contemporary world. Data also is one of the most valuable resources of modern governance, sharing of which enables various and non-exclusive usages for both commercial and non-commercial purposes. Licenses, however, are crucial to ensure that such data is not misused or misinterpreted (for example, by insisting on proper attribution), and that all users have the same and permanent right to use the data.

The open government data initiative started in India with the notification of the National Data Sharing and Accessibility Policy (NDSAP), submitted to the Union Cabinet by the Department of Science and Technology, on 17th March 2012 [1]. The NDSAP identified the Department of Electronics & Information Technology (DeitY) as the nodal department for the implementation of the policy through National Informatics Centre, while the Department of Science and Technology continues to be the nodal department on policy matters. In pursuance of the Policy, the Open Government Data Platform India [2] was launched in 2012.

While, the appropriate open formats and related aspects for implementation of the Policy has been defined in the “NDSAP Implementation Guidelines” prepared by an inter- ministerial Task Force constituted by the National Informatics Centre [3], the open license for data sets published under NDSAP and through the OGD Platform remained unspecified till now.

2. Definitions

a. “Data” means a representation of Information, numerical compilations and observations, documents, facts, maps, images, charts, tables and figures, concepts in digital and/or analog form, and includes metadata [4], that is all information about data, and/or clarificatory notes provided by data provider(s), without which the data concerned cannot be interpreted or used [5].

b. “Information” means processed data [6].

c. “Data Provider(s)” means person(s) publishing and providing the data under this license.

d. “License” means this document.

e. “Licensor”means any data provider(s) that has the authority to offer the data concerned under the terms of this licence.

f. “User” means natural or legal persons, or body of persons corporate or incorporate, acquiring rights in the data (whether the data is obtained directly from the licensor or otherwise) under this licence.

g. “Use” includes lawful distribution, making copies, adaptation, and all modification and representation of the data, subject to the provisions of this License.

h. “Adapt” means to transform, build upon, or to make any use of the data by itsre-arrangement or alteration [7].

i. “Redistribute” means sharing of the data by the user, either in original or in adapted form (including a subset of the original data), accompanied by appropriate attribute statement, under the same or other suitable license.

j. “Attribution Statement” means a standard notice to be published by all users of data published under this license, that contains the details of the provider, source, and license of the data concerned [8].

k. “Personal Information” means any Information that relates to a natural person,which, either directly or indirectly, in combination with other Information available or likely to be available with a body corporate, is capable of identifying such person [9].

3. Permissible Use of Data

Subject to the conditions listed under section 7, the user may:

a. Access, use, adapt, and redistribute data published under this license for all lawful and non-exclusive purposes, without payment of any royalty or fee;

b. Apply this license worldwide, and in perpetuity;

c. Access, study, copy, share, adapt, publish, redistribute and transmit the data in any medium or format; and

d. Use, adapt, and redistribute the data, either in itself, or by combining it with other data, or by including it within a product/application/service, for all commercial and/or non-commercial purposes.

4. Terms and Conditions of Use of Data

a. Attribution: The user must acknowledge the provider, source, and license of data by explicitly publishing the attribution statement, including the DOI (Digital Object Identifier), or the URL (Uniform Resource Locator), or the URI (Uniform Resource Identifier) of the data concerned.

b. Attribution of Multiple Data: If the user is using multiple data together and/or listing of sources of multiple data is not possible, the user may provide a link to a separate page/list that includes the attribution statements and specific URL/URI of all data used.

c. Non-endorsement: The User must not indicate or suggest in any manner that the data provider(s) endorses their use and/or the user.

d. No Warranty: The data provider(s) are not liable for any errors or omissions, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this license or the data, even if specifically advised of the possibility of such loss, injury or damage. Under any circumstances, the user may not hold the data provider(s) responsible for: i) any error, omission or loss of data, and/or ii) any undesirable consequences due to the use of the data as part of an application/product/service (including violation of any prevalent law).

e. Permanent Disclosure and Versioning: The data provider(s) will ensure that a data package once published under this license will always remain publicly available for reference and use. If an already published data is updated by the provider, then the earlier appropriate version(s) must also be kept publicly available with accordance with the archival policy of the National Informatics Centre.

f. Continuity of Provision:The data provider(s) will strive for continuously updating the data concerned, as new data regarding the same becomes available. However, the data provider(s) do not guarantee the continued supply of updated or up-to-date versions of the data, and will not be held liable in case the continued supply of updated data is not provided.

5. Template for Attribution Statement

Unless the user is citing the data using an internationally accepted data citation format [10], an attribution notice in the following format must be explicitly included:

“Data has been published by [Name of Data Provider] and sourced from Open Government Data (OGD) Platform of India: [Name of Data]. ([date of Publication: dd/mm/yyyy]) .[DOI / URL / URI]. Published under Open Government Data License - India: [URL of Open Data License – India].”

For example, “Data has been published by Ministry of Statistics and Programme Implementation and sourced from Open Government Data (OGD) Platform of India: Overall Balance of Payments. (08/09/2015). https://data.gov.in/catalog/overall-balance-payments. Published under Open Government Data License - India: [URL of Open Data License - India].”

6. Exemptions

The license does not grant the right to access, use, adapt, and redistribute the following kinds of data:

a. Personal information;

b. Data that the data provider(s) is not authorised to licence;

c. Names, crests, logos and other official symbols of the data provider(s);

d. Data subject to other intellectual property rights, including patents, trade-marks and official marks;

e. Military insignia;

f. Identity documents; and

g. Any data publication of which may violate section 8 of the Right to Information Act, 2005 11.

7. Termination

a. Failure to comply with stipulated terms and conditions will cause the user’s rights under this license to end automatically.

b. Where the user’s rights to use data have terminated under the aforementioned clauses or any other Indian law, it reinstates:

i. automatically, as of the date the violation is cured, provided it is cured within 30 days of the discovery of the violation; or

ii. upon express reinstatement by the Licensor.

c. For avoidance of doubt, this section does not affect any rights the licensor may have to seek remedies for violation of this license.

8. Dispute Redressal Mechanism

This license is governed by Indian law, and the copyright of any data shared under this license vests with the licensor, under the Indian Copyright Act.

9. Endnotes

[1] Ministry of Science and Technology. 2012. National Data Sharing and Accessibility Policy (NDSAP) 2012. Gazette of India. March 17. http://data.gov.in/sites/default/files/NDSAP.pdf.

[2] See: https://data.gov.in/.

[3] See section 3.2 of the Implementation Guidelines for National Data Sharing and Accessibility Policy (NDSAP) Version 2.2. https://data.gov.in/sites/default/files/NDSAP_Implementation_Guidelines_2.2.pdf.

[4] See section 2.1 of NDSAP 2012.

[5] See section 2.6 of NDSAP 2012.

[6] See section 2.7 of NDSAP 2012.

[7] See section 2 (a) of Indian Copyright Act 1957. http://copyright.gov.in/Documents/CopyrightRules1957.pdf.

[8] The template of the attribution statement is given in section 5 of the license.

[9] See section 2 (i) of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511%281%29.pdf.

[10]For example, those listed in the DOI Citation Formatter tool developed by DataCite, CrossRef and others: http://crosscite.org/citeproc/.

[11] See: http://rti.gov.in/webactrti.htm.

For more details visit /openness/public-consultation-for-the-first-draft-of-government-open-data-use-license-india-announced

Comments on the National Geospatial Policy (Draft, V.1.0), 2016

sumandro — 2016-06-30T09:40:59Z

The Department of Science and Technology published the first public draft of the National Geospatial Policy (v.1.0) on May 05, 2016, and invited comments from the public. CIS submitted the following comments in response. The comments were authored by Adya Garg, Anubha Sinha, and Sumandro Chattapadhyay.

1. Preliminary

1.1. This submission presents comments and recommendations by the Centre for Internet and Society ("CIS") on the proposed draft of the National Geospatial Policy 2016 ("the draft Policy / the draft NGP") [1]. This submission is based on Version 1.0 of the draft Policy released by the Department of Science and Technology ("DST") on May 5, 2016.

1.2. CIS commends the DST under the aegis of the Ministry of Science and Technology, Government of India, for its efforts at seeking inputs from various stakeholders to draft a National Geospatial Policy. CIS is thankful for this opportunity to provide a clause-by-clause submission.

2. The Centre for Internet and Society

2.1. The Centre for Internet and Society, CIS, [2] is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa.

2.2. This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved. The comments in this submission aim to further the principle of citizens’ right to information, instituting openness-by-default in governmental activities, and the various kinds of public goods that can emerge from greater availability of open (geospatial) data created by both public and private agencies and crucially, by the citizens. The submission is limited to those clauses that most directly have an impact on these principles.

3. Comments and Recommendations

This section presents comments and recommendations directed at the draft policy as a whole, and in certain places, directed at specific clauses of the draft policy.

3.1. The draft policy should make references to five policies applicable to geospatial data, products, services, and solutions

3.1.1. CIS observes that the draft policy lists the key policies related to geospatial information and sharing of government data, namely the National Map Policy 2005, the Civil Aviation Requirement 2012, the Remote Sensing Data Policy 2011 and 2012, and the National Data Sharing and Accessibility Policy 2012 (“NDSAP”).

3.1.2. CIS submits that apart from the policies mentioned above, Geospatial Data,Products, Services and Solutions (“GDPSS”) are also intricately linked to concepts of “open standards,” “open source software,” “open API,” “right to information,” and prohibited places” These concepts are governed by specific acts and policies, and are applicable to geospatial data, as follows:

Adoption of Open Standards: CIS observes that the draft policy captures the importance of open standards in the section 1.4 of the draft policy. It states that “A very high resolution and highly accurate framework to function as a national geospatial standard for all geo-referencing activity through periodically updated National Geospatial Frame [NGF] and National Image Frame [NIF] by ensuring open standards based seamless interoperable geospatial data.”

CIS submits that the Policy on Open Standards for e-Governance [3] which establishes the Guidelines for usage of open standards to ensure seamless interoperability, and the Implementation Guidelines of the National Data Sharing and Accessibility Policy, 2012 [4] listing two key open standards for geospatial data - KML and GML, should be mentioned in the draft policy.

CIS recommends that the final version of the NGP embrace open standards as a key principle of all software projects and infrastructures within the purview of the Policy. This is essential for easier sharing and reuse of open (geospatial) data.
Adoption of Open Source Software: The Policy on Adoption of Open Source Software for Government of India states that the “Government of India shall endeavour to adopt Open Source Software in all e-Governance systems implemented by various Government organisations, as a preferred option in comparison to Closed Source Software” [5]. As the draft policy proposed to guide the development of GDPSS being developed and implemented both by the Government of India and by other agencies (academic, commercial, and otherwise), it must include an explicit reference and embracing of this mandate for adoption of Open Source Software, for reasons of reducing expenses, avoiding vendor lock-ins, re-usability of software components, enabling public accountability, and greater security of software systems.
Implementation of Open APIs: To actualise the stated principle to “[e]nable promotion, adoption and implementation of emerging / state of the art technologies” as well as to ensure the “[a]vailability of all geospatial data collected through public funded mechanism to all users,” CIS suggests that final version of the NGP must refer to and operationalise the Policy on Open Application Programming Interfaces (APIs) for Government of India [6]. This will ensure that the openly available geospatial data is available to the public, as well as to all the government agencies, in a structured digital format that is easy to consume and use on one hand, and is available for various forms of value addition and innovation on the other.
Right to Information Act 2005: The framework for reactive disclosure of information and data collected and held by the Government of India, as well as the basis for proactive disclosure of the same, is enshrined in the Right to Information Act 2005 [7]. The draft NGP, CIS proposes, should refer to this Act, and ensure that whenever an Indian citizen request for such government data and/or information that is of geospatial in nature, and the requested data and/or information is both shareable and non-sensitive, the citizen must be provided with the geospatial data and/or information in an open standard and under open license, as applicable.
Refer to Official Secrets Act, 1923: The Official Secrets Act defines “Prohibited Places” and prohibits all activities involving “sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly; or indirectly, useful to an enemy or (c) obtains collects, records or publishes or communicates to any other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy” [8]. This provides the fundamental legal basis for regulation, expunging, and stopping circulation of geospatial data containing information about Vulnerable Points and Vulnerable Areas. CIS submits that this Act should be referred to in this context of ensuring non-publication of sensitive geospatial data (that is geospatial data related to Prohibited Places).

3.2. Grant adequate permissions to the public to re-use geospatial data

3.2.1. CIS observes that section 1.4 of the draft policy states that, “Geospatial data of any resolution being disseminated through agencies and service providers, both internationally and nationally be treated as unclassified and made available and accessible by Indian Mapping and imaging agencies.”

3.2.2. CIS recommends the abovementioned section be broadened to include not only availability and accessibility of geospatial data, but also its re-use. Further, such accessibility, availability and re-use should not be only limited to public and private entities such as Indian mapping and imaging agencies, but as well as to Indian people in general.

3.2.3. CIS further submits that section 1.4 be revised as “[g]eospatial data of any resolution being disseminated through agencies and service providers, both internationally and nationally be treated as unclassified and made available, accessible, and reusable by Indian mapping and imaging agencies in particular, and by the people of India in general.”

3.3. Ensure Open Access to shareable and non-sensitive geospatial data

3.3.1. CIS observes that the draft policy directs all “geospatial data generating agencies” to classify their data into “open access,” “registered access,” and “restricted access.” The document, however, neither defines “geospatial data generating agencies”, nor does it clarify what conditions the data must satisfy to be classified as one of the three types. Without a listing of such conditions (at least necessary, and not sufficient, conditions), nothing restricts the agencies from classifying all generated geospatial data as “restricted.”

3.3.2. Further, CIS observes that the draft policy aims to provide geospatial data acquired through public funded mechanism to be made available to the public at free of cost. It is submitted that the policy should not only be made available for free of cost, but it should also be made available in open standard format under an open license.

3.3.3. As defined in the section 1.3, the National Data Sharing and Accessibility Policy (“NDSAP”) applies to “all shareable non-sensitive data available either in digital or analog forms but generated using public funds” [9]. Clearly all shareable [10] and non-sensitive [11] geospatial data, either in digital or analog forms, and generated using public funds should be proactively disclosed by the government agency concerns in accordance to the NDSAP. CIS recommends that the draft policy makes an explicit reference to NDSAP when discussing the topic of Open Access geospatial data, and re-iterates the mandate of proactive publication of shareable and non-sensitive government data.

3.3.4. Further, the process for defining an open government data license to be applied to all open government data sets being published under the NDSAP, and through the Open Government Data Platform India, is in progress. Given this, it is absolutely crucial important that the draft NGP takes this into consideration, and mandates that Open Access geospatial data must be published using the open government data license to be defined by the Implementation Guidelines of the NDSAP, when applicable.

3.4. Lack of clarity regarding the clearances and permits required for data acquisition and dissemination, and the procedures thereof

3.4.1. Section 1.8 of the draft policy states that “[a]ll clearances / permits, as necessary, for data acquisition and dissemination be through a single window, online portal. These clearances be provided within a time span of 30 days of filing the online request.” CIS observes that the draft policy does not specify the kind of clearances/permits needed before a public or private entity, or an individual, can undertake acquisition and dissemination of geospatial data. It neither clarifies under what circumstances and conditions application for such clearance / permits would be required for users.

3.4.2. Since the recently published draft Geospatial Information Regulation Bill (“GIRB”) 2016, directly addresses this topic of clearance / permit required to acquire and share geospatial information [12], it will be effective if the NGP can refer to this Bill and provide an overall governance framework for the same. Further, CIS noted that the time span of 30 days mentioned in the draft policy is inconsistent with the time period specified in the GIRB (which is 90 days).

3.4.3. CIS recommends that the draft policy also be amended suitably to include the circumstances and conditions under which required permissions shall be issued. Accordingly, the draft policy should reference the standardised and time bound security vetting process envisaged in the GIRB.

3.5. Clarification Needed regarding “Cybersecurity is to be ensured through … use of Digital Watermarks for authentication of GDPSS”

3.5.1. CIS submits that the draft policy does not elaborate on the use of “Digital Watermarks” to ensure cybersecurity, neither it is explained who will authenticate GDPSS, under what conditions, and for what reasons. CIS recommends that the draft policy be amended suitably to specify the same.

3.6. Remove Classification of Non-Public (at Present) Satellite / Aerial Imagery as Restricted by Default

3.6.1. CIS observes that the draft policy recommends that “[s]atellite/aerial images of resolution other than those currently made available on websites” should all be “classified for restricted access.”

3.6.2. CIS submits that blanket categorisation of all satellite / aerial imagery of resolution that is not currently available through a public website (for whatever reason it might be) as “restricted access” should be re-evaluated, given the immense importance of such imagery to mapping agencies and industry participants using GDPSS.

3.6.3. CIS recommends that the section be revised to define clear principles for defining satellite /aerial imagery as “open,” “registered,” and “restricted.”

3.7. Governance of User-contributed Geospatial Data

3.7.1. A key resource and feature of contemporary geospatial industry in particular, and the digital economy in general, is the proliferation of user-contributed and user-generated geospatial data and information. CIS observes that this crucial topic, as well as the unique governance concerns that it raises, has not been addressed in the draft policy at all. CIS requests the DST to consider this matter with due attention to the specific nature and values of such user-contributed and user-generated in the digital economy on one hand, and in emergency contexts such as natural disasters on the other, and prepare a framework for its appropriate governance as part of the NGP itself.

3.8. Protect Geospatial Privacy of Citizens by Defining Sensitive Personal Geospatial Data and Information

3.8.1. CIS observes that the draft policy lacks rules for collection, use, storage, and distribution of geospatial data from an individual’s privacy standpoint. Further, neither does the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 address these concerns [13]. Section 3 of the Rules define “Sensitive personal data or information”, which do not include geospatial information.

3.8.2. The argument of violation of constitutional right to privacy was pleaded in a case against Google and other private mapping agencies in 2008 [14]. In the judgment, Madras HIgh Court noted that there existed no legislation/guidelines to prohibit mapping programmes from conducting their activities indiscriminately, and the lack of one thereof prevented the Court from injuncting such activities. Thus, there exists a judicial ambiguity on the aspect of collection and use of geospatial data.

3.8.3. CIS submits that the draft policy may be suitably amended to ensure that collection, processing and dissemination of geospatial information is in consonance with the constitutionally protection of an individual’s privacy.

3.9. Clarification Needed regarding “Mechanisms to be put in place to evaluate / audit GDPSS creation, consumption and distribution”

3.9.1. The draft policy suggests that “mechanisms to be put in place to evaluate/audit GDPSS creation, consumption and distribution” without clarifying the scope, purpose, and purview of this mechanism, and most crucially it does not describe what exactly will be evaluated / audited. CIS submits that this section is revised and expanded.

3.9.2. The same section also identifies the need for a “framework to be put in place to assess the data collection versus its utilization towards government program and socio-economic development.” CIS observes that this is a very promising and much welcome gesture by the DST, but this section must be developed as a separate and detailed mandate. At the least, the NGP may suggest that a more detailed guideline document regarding this framework will be developed in near future.

3.10. Data Taxation and Geospatial Cess

3.10.1. The draft policy refers to imposition of “data taxation (geospatial cess)” and use of “licensing” of geospatial data to raise money for geospatial activities of the Government of India. CIS is of the opinion will severely affect the geospatial industry in the country in particular, and will raise the monetary barrier to public use of geospatial data and maps in general; and hence must be strictly avoided.

3.11. Data Dissemination Cell

3.11.1. CIS submits that instead of development of a separate Data Dissemination Cell within all government agencies to operationalise the mandate of the NGP, the Chief Data Officers within all government agencies identified under the implementation process of the NDSAP be given this complementary responsibility. This would ensure effective channelisation of human and financial resources to take forward the joint mandate of NGP and NDSAP towards greater public availability and use of (shareable and non-sensitive) government data.

3.12. Special Infrastructure for Governance, Management, and Publication of Real-time Geospatial Data

3.12.1. A key term that the draft policy does not talk about is “big data.” The static or much-slowly-changing geospatial data such as national boundaries and details of Vulnerable Points and Vulnerable Areas are really a very small part of of the global geospatial information. The much larger and crucial part is the real-time (that is continuously produced, stored, analysed, and used in almost real-time) big geospatial data – from geo-referenced tweets, to GPS systems of cars, to mobile phones moving through the cities and regions. Addressing such networked data systems, where all data collected by digital devices can quite easily be born-georeferenced, and the security and privacy concerns that are engendered by them, should be the ultimate purpose of, and challenge for, a future-looking NGP.

3.12.2. Further, with increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. CIS submits a sincere request to DST to highlight the crucial need for special infrastructure for such data, as well as its governance, and identify the key principles concerned in the next version of the draft NGP.

3.13. Sincere Request for Preparation and Circulation of a Second Public Draft of the National Geospatial Policy

3.13.1. CIS commends the DST for publishing the draft policy, and facilitating a consultation process inviting stakeholders and civil society to submit feedback. The NGP envisages to address crucial concepts of privacy, licensing, intellectual property rights, liability, national security, open data, which cut across and impact various technology platforms, industries and the citizens.

3.13.2. In view of the multifarious issues highlighted that arise at the intersection of various legal and ethical concepts, CIS respectfully requests the DST to conduct another round of consultation after the publication of the second draft of the NGP. Multiple rounds of consultation and feedback would contribute to the robustness of the lawmaking process and ensure that the final policy safeguards the general public interest, and the interests and rights of various stakeholders involved.

3.13.3. CIS is thankful to DST for the opportunity to provide comments, and would be privileged to provide further assistance on the matter to DST.

Endnotes

[1] See: http://www.dst.gov.in/sites/default/files/Draft-NGP-Ver%201%20ammended_05May2016.pdf.

[2] See: /.

[3] See: https://egovstandards.gov.in/sites/default/files/Published%20Documents/Policy_on_Open_Standards_for_e-Governance.pdf.

[4] See: http://data.gov.in/sites/default/files/NDSAP.pdf.

[5] See: http://deity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf.

[6] See: http://deity.gov.in/sites/upload_files/dit/files/Open_APIs_19May2015.pdf.

[7] See: http://rti.gov.in/webactrti.htm.

[8] See: http://www.archive.india.gov.in/allimpfrms/allacts/3314.pdf, sections 2(d) and 3(b).

[9] See: https://data.gov.in/sites/default/files/NDSAP.pdf.

[10] See section 2.11 of NDSAP.

[11] See section 2.10 of NDSAP.

[12] See: http://mha.nic.in/sites/upload_files/mha/files/GeospatialBill_05052016_eve.pdf.

[13] See: http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511%281%29.pdf.

[14] J. Mohanraj v (1) Secretary To Government, Delhi; (2) Indian Space Research Organisation, Bangalore; (3) Google India Private Limited, Bangalore, 2008 Indlaw MAD 3562.

For more details visit /openness/comments-on-the-national-geospatial-policy-draft-v-1-0-2016

Consultation on 'National Geospatial Policy' - Notes and Submission

sinha — 2016-03-29T17:03:31Z

The Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP) to provide appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality. A pre-drafting consultation meeting for the NGP was organised in Delhi on February 03, 2016. Ms. Anubha Sinha represented CIS at the meeting, and shares her notes.

National Geospatial Policy - Pre-Drafting Consultation Meeting

Keeping in mind the importance of geospatial data in the context of national development, the Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP). The Committee is Chaired by Major General Dr. R Siva Kumar, former Head of Natural Resources Data Management System (NRDMS) and CEO of National Spatial Data Infrastructure (NSDI), and Dr. Bhoop Singh, Head of NRDMS and NSDI Division at Department of Science and Technology, as Member Secretary. The Policy aims at providing appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality.

A pre-drafting consultation meeting for the NGP was organised in Delhi by Dr. Valli Manickam, Professor at the Academic Staff College of India, on February 03, 2016, and CIS was invited to take part in it as the only participant from the civil society. The other participants included representatives from the geospatial industry and industry associations (like FICCI and CII), and Ms. Ranjana Kaul, Partner at Dua Associates. Among the drafting committee members, Major General Dr. R Siva Kumar, Dr. Bhoop Singh, Dr. Sandeep Tripathi (IFS), and Wing Commander Satyam Kushwaha were present.

National Geospatial Policy - Concept Note

The purpose of the meeting was to hear the stakeholders' response to a Concept Note on the NGP, circulated prior to the meeting [1]. The Note sets out the principles and concerns of the proposed policy, which plans to guarantee geospatial data availability, accessibility, quality and in consonance with the imperatives of national security and intellectual property rights. The applicability of the policy is aimed at:

all geospatial data created, generated and collected using public funds provided by Central and State Governments and International donor organizations, directly or through authorized agencies.

The note suggests establishment of an "empowered body" to ensure proper creation, updates, management, dissemination, and sharing of the data, and management of an online portal for the same. The institutional mechanism to implement the policy will be composed of an Appellate authority / National High Power Implementation Committee, the NGP Implementation Committee, and the NGP Steering Committee.

Notes from the Meeting

The Welcome Address was delivered by Dr. Bhoop Singh (Head of NRDMS and NSDI Division, DST) who informed the participants that the Expert Committee had already met National Security Council and heard their concerns on the policy. The principles on which the proposed policy is to be based were also shared. The policy resulted from an exercise started two years ago to fix quality and accuracy of geospatial data, which was when it was realised that there were significant gaps that need urgent redressal. It was also identified that in previous initiatives to manage geospatial data at the national level, some data-generating organisations had been left behind. The chief concerns for the Expert Committee are 1) tailoring a policy suited to India's unique security issues, 2) avoiding a blanket open policy that may lead to misuse of low resolution data, 3) heeding restrictions on mapping, considering that 43% of landmass was not represented on maps presently (a probable solution was to do feature based mapping), and 4) clarifying government regulation of drone-based mapping. Security concerns were raised frequently throughout the meeting. The Committee also recognised that for development, data sharing should be made more open. The Committee was keen to have the private industry as a partner in generation of geospatial data.

Private industry representatives agreed with the objectives of the policy and were willing to contribute to geospatial data generation. The Expert Committee mulled over the possibility of creating a Public Private Partnership to cater to data generation. The private industry complained about the lack of efforts in popularising geospatial technologies and making the process of tenders more transparent.

There were suggestions to examine the policies of other jurisdictions facing similar internal security threats as India, and delineating the types of data that could be openly shared (for instance, geospatial data from border regions versus non-border regions). Segregation of restricted and open geospatial data can also be done on the basis of its end-application, such as for military and engineering purposes. Participants also requested the creation of a clear Do's and Don'ts guideline. CIS presented a written submission that raised seven key concerns. These are listed in the section below.

On the question of making an open data policy, it was suggested that the committee needs to decide the fundamental approach of the policy first - whether the policy should be based on prohibition and restriction, or focus on identifying and regulating open and free geospatial. The UN General Assembly document on Principles relating to remote sensing of the Earth from space provides an appropriate international point of reference [2].

After listening to the concerns and comments of the stakeholders, the core committee made the following concluding remarks:

Existing policies of government and defence should be mapped out to avoid conflict or overlap with the proposed NGP policy
The sharing of data vests with government agencies and other organisations recommended by them – there needs to be a transparent mechanism for such recommendation based sharing
Industry should come up with self-regulatory mechanisms, do's and don'ts, and code of conduct
Develop a secure mechanism for providing data on sensitive areas (in terms of national security;
Even the defence agencies sometimes cannot access maps due to policies of the National Remote Sensing Centre and other agencies – such inconsistencies need to be fixed

It was announced that the next consultation will occur in a couple of months, and will be open to the public at large, including representatives of industry, defence, and civil society.

Key Concerns about the NGP Concept Note

1. Complete lack of availability of open geospatial data from Indian government agencies: No government agency in India publish open geospatial data. While maps are often sold, both in printed and in digital form, they are not provided in a machine-readable open format and under an open license. The concept note towards NGP has made strong commitments towards changing this situation. There is an immediate need to participate in the NGP drafting process, with coordination among various civil society actors interested in open geospatial data, to ensure that these principles are carried into and operationalised in the actual NGP document.

2. Need for explicit and comprehensive set of criteria to determine if a set of geospatial data is sensitive for national security reasons: In formal and informal conversations with various agencies collecting and creating geospatial data in India, the role played by security agencies in blocking proactive and reactive public disclosure of geospatial data, and even intra-governmental sharing of such data, has been highlighted. Addressing this issue requires development of an explicit and comprehensive list of criteria that will establish a clear and rule-based system for identifying if a specific geospatial data set is to be categorised as “shareable” or “non-shareable.”

3. No clarity regarding legal status of citizen/crowd-sourced geospatial data, and initiatives to generate them: Open user-contributed geospatial data, especially through the OpenStreetMap platform, has emerged as a key driver of the global geospatial services industry. There is a legal ambiguity created by the National Mapping Policy regarding generation of such data in India, which came into focus when Survey of India filed a case against Google for organising a Mapathon contest, which invited Indian users to add metadata about physical and built features through Google Maps platform.1 The NGP needs to expressly provide legal sanction (and perhaps framework) for citizen/crowd-sourcing of geospatial data.

4. Fragmented institutional structure for collection, management, and distribution of different kinds of geospatial data: Survey of India, Indian Institute of Remote Sensing, and Indian Space Research Organisation are all key government agencies involved in creating and managing geospatial data. Further, Election Commission of India is involved in preparing geospatial data about electoral units and their boundaries. The National Spatial Data Infrastructure was conceptualised to harmonise and centralise the geospatial data management processes, but is yet to be implemented with the backing of a policy or an Act. The NSDI can be institutionalised via the NGP as the national archive, aggregator, and distributor of open geospatial data, being originally collected and created by a range of government agencies.

5. Integration of National Geospatial Policy with National Data Sharing and Accessibility Policy (NDSAP): The proactive disclosure of “shareable” geospatial data using open geospatial standards and under open licenses must be carried out under the purview of the NDSAP, and through the open government data platform established through NDSAP. The decisions regarding licensing of open government data, as being discussed by the a committee set up under NDSAP, must also be applicable to open geospatial data that will be published following the instructions of the NGP. Further, instead of multiple online sources of open geospatial data collected by various Indian government agencies, must be identified as the primary and necessary source for publication of open geospatial data.

6. Integration of National Geospatial Policy with Right to Information (RTI) Act: Geospatial data must be treated as a special category of information under the RTI Act, which necessitates that if an Indian citizen requests for geospatial data from a government agency under the purview of RTI Act, the agency must provide the data in a human-readable and machine-readable open geospatial standard, and not only in the printed format, as key qualities of digital geospatial data can be substantially lost when printed in paper.

7. Need for special infrastructure for management and publication of real-time geospatial (big) data, and governance of the same: With increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. The need for special infrastructure for such data, as well as its governance, has not been discussed in the concept note for NGP, which is a major omission.

Endnotes

[1] See: https://github.com/cis-india/website/raw/master/docs/DST_National-Geospatial-Policy_Concept-Note_2016.01.21.pdf.

[2] UNGA 41/65. Principles Relating to Remote Sensing of the Earth from Space: http://www.unoosa.org/pdf/gares/ARES_41_65E.pdf.

For more details visit /openness/consultation-on-national-geospatial-policy-03022016

Open Data Hackathons are Great, but Address Privacy and License Concerns

sumandro — 2016-02-05T20:37:18Z

This is to cross-publish a blog post from DataMeet website regarding a letter shared with the organisers of Urban Hack 2015, Bangalore, in response to a set of privacy and license concerns identified and voiced during the hackathon by DataMeet members. Sumandro Chattapadhyay co-authored and co-signed the letter. The blog post is written by Nisha Thompson.

Hackathons are a source of confusion and frustration for us. DataMeet actively does not do them unless there is a very specific outcome the community wants like freeing a whole dataset or introducing open data to a new audience. We feel that they cause burn out, are not productive, and in general don't help create a healthy community of civic tech and open data enthusiasts.

That is not to say we feel others shouldn't do them, they are very good opportunities to spark discussion and introduce new audiences to problems in the social sector. DataKind and RHOK and numerous others host hackathons or variations of them regularly to stir the pot, bring new people into civic tech and they can be successful starts to long term connections and experiments. A lot of people in the DataMeet community participate and enjoy hackathons.

However, with great data access comes great responsibility. We always want to make sure that even if no output is achieved when a dataset is opened at least no harm should be done.

Last October an open data hackathon, Urban Hack, run by Hacker Earth, NASSCOM, XEROX, IBM and World Resource Institute India wanted to bring out open data and spark innovation in the transport and crime space by making datasets from Bangalore Metropolitan Transport Corporation (BMTC) and the Bangalore City Police available to work with. A DataMeet member (Srinivas Kodali) was participating, he is a huge transport data enthusiast and wanted to take a look at what is being made available.

In the morning shortly after it started I received a call from him that there is a dataset that was made available that seems to be violating privacy and data security. We contacted the organizers and they took it down, later we realized it was quite a sensitive dataset and a few hundred people had already downloaded it. We were also distressed that they had not clarified ownership of data, license of data, and had linked to sources like Open Bangalore without specifying licensing, which violated the license.

The organizers were quite noted and had been involved with hackathons before so it was a little distressing to see these mistakes being made. We were concerned that the government partners (who had not participated in these types of events before) were also being exposed to poor practices. As smart cities initiatives take over the Indian urban space, we began to realize that this is a mistake that shouldn't happen again.

Along with Centre for Internet and Society and Random Hacks of Kindness we sent the organizers, Bangalore City Police and BMTC a letter about the breach in protocol. We wanted to make sure everyone was aware of the issues and that measures were taken to not repeat these mistakes.

You can see the letter here:

We are very proud of the DataMeet community and Srinivas for bringing this violation to the attention of the organizers. As people who participate in hackathons and other data events it is imperative that privacy and security are kept in mind at all times. In a space like India where a lot of these concepts are new to institutions, like the Government, it is essential that we are always using opportunities not only to showcase the power of open data but also good practices for protecting privacy and ensuring security.

Originally posted on DataMeet website: http://datameet.org/2016/02/02/to-hack-or-not-to-hack/.

For more details visit /openness/open-data-hackathons-are-great-but-address-privacy-and-license-concerns

Pre-Budget Consultation 2016 - Submission to the IT Group of the Ministry of Finance

sumandro — 2016-01-12T13:34:41Z

The Ministry of Finance has recently held pre-budget consultations with different stakeholder groups in connection with the Union Budget 2016-17. We were invited to take part in the consultation for the IT (hardware and software) group organised on January 07, 2016, and submit a suggestion note. We are sharing the note below. It was prepared and presented by Sumandro Chattapadhyay, with contributions from Rohini Lakshané, Anubha Sinha, and other members of CIS.

It is our distinct honour to be invited to submit this note for consideration by the IT Group of the Ministry of Finance, Government of India, as part of the pre-budget consultation for 2016-17.

The Centre for Internet and Society is (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. We receive financial support from Kusuma Trust, Wikimedia Foundation, MacArthur Foundation, IDRC, and other donors.

We have divided our suggestions into the different topics that our organisation has been researching in the recent years.

Free/Libre and Open Source Software (FLOSS) is the Basis for Digital India

We congratulate the policies introduced by the government to promote use of free/libre and open source software and that of open APIs for all e-governance projects and systems. This is not only crucial for the government to avoid vendor lock-in when it comes to critical software systems for governance, but also to ensure that the source code of such systems is available for public scrutiny and do not contain any security flaws.

We request the government to empower the implementation of these policies by making open sharing of source code a necessity for all software vendors hired by government agencies a necessary condition for awarding of tenders. The 2016-17 budget should include special support to make all government agencies aware and capable of implementing these policies, as well as to build and operate agency-level software repositories (with version controlling system) to host the source codes. These repositories may function to manage the development and maintenance of software used in e-governance projects, as well as to seek comments from the public regarding the quality of the software.

Use of FLOSS is not only important from the security or the cost-saving perspectives, it is also crucial to develop a robust industry of software development firms that specialise in FLOSS-based solutions, as opposed to being restricted to doing local implementation of global software vendors. A holistic support for FLOSS, especially with the government functioning as the dominant client, will immensely help creation of domestic jobs in the software industry, as well as encouraging Indian programmers to contribute to development of FLOSS projects.

An effective compliance monitoring and enforcement system needs to be created to ensure that all government agencies are Strong enforcement of the 2011 policy to use open source software in governance, including an enforcement task force that checks whether government departments have complied with this or not.

Open Data is a Key Instrument for Transparent Decision Making

With a wider set of governance activities being carried out using information systems, the government is increasingly acquiring a substantial amount of data about governance processes and status of projects that needs to be effectively fed back into the decision making process for the same projects. Opening up such data not only allows for public transparency, but also for easier sharing of data across government agencies, which reduces process delays and possibilities of duplication of data collection efforts.

We request the 2016-17 budget to foreground the National Data Sharing and Accessibility Policy and the Open Government Data Platform of India as two key enablers of the Digital India agenda, and accordingly budget for modernisation and reconfiguration of data collection and management processes across government agencies, so that those processes are made automatic and open-by-default. Automatic data management processes minimise the possibility of data loss by directly archiving the collected data, which is increasingly becoming digital in nature. Open-by-default processes of data management means that all data collected by an agency, once pre-recognised as shareable data (that is non-sensitive and anonymised), will be proactively disclosed as a rule.

Implementation of the National Data Sharing and Accessibility Policy has been hindered, so far, by the lack of preparation of a public inventory of data assets, along with the information of their collection cycles, modes of collection and storage, etc., by each union government agency. Specific budgetary allocation to develop these inventories will be crucial not only for the implementation of the Policy, but also for the government to get an extensive sense of data collected and maintained currently by various government agencies. Decisions to proactively publish, or otherwise, such data can then be taken based on established rules.

Availability of such open data, as mentioned above, creates a wider possibility for the public to know, learn, and understand the activities of the government, and is a cornerstone of transparent governance in the digital era. But making this a reality requires a systemic implementation of open government data practices, and various agencies would require targeted budget to undertake the required capacity development and work process re-engineering. Expenditure of such kind should not be seen as producing government data as a product, but as producing data as an infrastructure, which will be of continuous value for the years to come.

As being discussed globally, open government data has the potential to kickstart a vast market of data derivatives, analytics companies, and data-driven innovation. Encouraging civic innovations, empowered by open government data - from climate data to transport data - can also be one of the unique initiatives of budget 2016-17.

For maximising impact of opened up government data, we request the government to publish data that either has a high demand already (such as, geospatial data, and transport data), or is related to high-net-worth activities of the government (such as, data related to monitoring of major programmes, and budget and expenditure data for union and state governments).

Promotion of Start-ups and MSMEs in Electronics and IT Hardware Manufacturing

In line with the Make in India and Digital India initiatives, to enable India to be one of the global hubs of design, manufacturing, and exporting of electronics and IT hardware, we request that the budget 2016-17 focus on increasing flow of fund to start-ups and Medium and Small-Scale Manufacturing Enterprises (MSMEs) in the form of research and development grants (ideally connected to government, especially defense-related, spending on IT hardware innovation), seed capital, and venture capital.

Generation of awareness and industry-specific strategies to develop intellectual property regimes and practices favourable for manufacturers of electronics and IT hardware in India is an absolutely crucial part of promotion of the same, especially in the current global scenario. Start-ups and MSMEs must be made thoroughly aware of intellectual property concerns and possibilities, including limitations and exceptions, flexibilities, and alternative models such as open innovation.

We request the budget 2016-17 to give special emphasis to facilitation of technology licensing and transfer, through voluntary mechanisms as well as government intervention, such as compulsory licensing and government enforced patent pools.

Applied Mathematics Research is Fundamental for Cybersecurity

Recent global reports have revealed that some national governments have been actively involved in sponsoring distortion in applied mathematics research so as to introduce weaknesses in encryption standards used in for online communication. Instead of trying to regulate key-length or mandating pre-registration of devices using encryption, as suggested by the withdrawn National Encryption Policy draft, would not be able to address this core emerging problem of weak cybersecurity standards.

For effective and sustainable cybersecurity strategy, we must develop significant expertise in applied mathematical research, which is the very basis of cybersecurity standards development. We request the budget 2016-17 to give this topic the much-needed focus, especially in the context of the Digital India initiative and the upcoming National Encryption Policy.

Along with developing domestic research capacity, a more immediately important step for the government is to ensure high quality Indian participation in global standard setting organisations, and hence to contribute to global standards making processes. We humbly suggest that categorical support for such participation and contribution is provided through the budget 2016-17, perhaps by partially channeling the revenues obtained from spectrum auctions.

For more details visit /openness/pre-budget-consultation-2016-submission-to-the-ministry-of-finance

International Open Data Charter: Comments by CIS

sumandro — 2015-09-08T11:01:01Z

The second meeting of Stewards of the International Open Data Charter is in progress in Santiago, Chile, where the revisions made to the Charter based on the comments received during the public consultation period that ended on July 31, 2015, are being re-discussed and finalised by the Stewards. Here we are sharing the comments submitted by us on the first public draft of the Charter published during the International Open Data Conference in Ottawa, Canada, in May 2015. The comments include those submitted by Sumandro and Sharath Chandra Ram.

The draft International Open Data Charter and all the submitted comments can be accessed here: http://opendatacharter.net/charter/

Comments on the Public Draft

Note: The text below contains excerpts from the public draft of the Charter, followed by submitted comments in bold.

1) The world is witnessing the growth of a global movement facilitated by technology and digital media and fuelled by information – one that contains enormous potential to create more accountable, efficient, responsive, and effective governments and businesses, and to spur economic growth.

The word ‘movement’ can perhaps be replaced by ‘transformation.’ ‘Movement’ tends to suggest some kind of unity of purpose or objective, which is not perhaps what is meant here. Also, is it possible to add ‘transparent’ to ‘accountable, efficient, responsive, and effective’?

Open data sit at the heart of this global movement.

Perhaps ‘transformation’ and not ‘movement’.

2) Building a more democratic, just, and prosperous society requires transparent, accountable governments that engage regularly and meaningfully with citizens. Accordingly, there is an ongoing effort to enable collaboration around key social challenges, to provide effective oversight of government activities, to support economic development through innovation, and to develop effective, efficient public policies and programmes.

Perhaps insert ‘sustainable’ before ‘economic development’. In the second sentence, none of the action phrases (‘enable collaboration’ and ‘effective oversight’ and ‘innovation’ and ‘develop effective, efficient’) are speaking about either democracy or justice. The focus seems to be completely on effectiveness. Phrases like ‘transparent’, ‘accountable’, and ‘participatory’ should be introduced here.

Open data is essential to meeting these challenges.

The above point clarifies why ‘data is essential’ but not why ‘open data is essential’. The connection between democracy and justice on one hand, and open data on the other is not yet articulated clearly.

3) Effective access to data allows individuals and organisations to develop new insights and innovations that can generate social and economic benefits to improve the lives of people around the world, and help to improve the flow of information within and between countries. While governments collect a wide range of data, they do not always share these data in ways that are easily discoverable, useable, or understandable by the public.

Along with allowing ‘insights’ and ‘innovations’ to develop, can it also be highlighted that open data make decisions and processes transparent?

This is a missed opportunity.

I agree with above comments that it is perhaps better to articulate this not as ‘missed opportunity’ but to highlight this as the very ‘opportunity’ that the open data agenda is interested in capturing.

4) Today, many people expect to be able to access high quality information and services, including government data, when and how they want. Others see the opportunity presented by government data as one which can provide innovative policy solutions and support economic and social benefits for all members of society. We have arrived at a point at which people can use open data to generate value, insights, ideas, and services to create a better world for all.

This point may also mention that some people are interested in using government data to open up government decisions and processes and make them transparent, which is a necessary condition for making the government accountable.

6) Providing access to government data can drive sustainable and inclusive growth by empowering citizens, the media, civil society, and the private sector to identify gaps, and work toward better outcomes for public services in areas such as health, education, public safety, environmental protection, and governance. Open data can do this by:

Perhaps ‘democratic participation’ can be added after ‘sustainable and inclusive growth’. That is: ‘Providing access to government data can drive sustainable and inclusive growth, and democratic participation, by empowering citizens…’

7) Open government data can be used in innovative ways to create useful tools and products that help to navigate modern life more easily. Used in this way, open data are a catalyst for innovation in the private sector, supporting the creation of new markets, businesses, and jobs. These benefits can multiply as more private sector and civil society organisations adopt open data practices modelled by government and share their own data with the public.

The incentive for private sector and CSOs to open up data is not clear. Overall benefit may rise with them opening up data, but how does a private company / CSO benefit by opening up its data?

8) We, the adherents to the International Open Data Charter, agree that open data are an under-used resource with huge potential to encourage the building of stronger, more interconnected societies that better meet the needs of our citizens and allow innovation and prosperity to flourish.

Along with ‘stronger’ and ‘more interconnected’, please mention ‘more transparent’ and ‘more democratic’. Also it is not clear what is meant by ‘stronger’. ‘[B]etter meet the needs of our citizens’ does not necessarily suggest a more democratic or just society, but a more effective welfare distribution system. Please add ‘… and empower the citizens to ensure accountability of the government.’

9) We therefore agree to follow a set of principles that will be the foundation for access to, and the release and use of, open government data. These principles are:

Open Data by Default;
Quality and Quantity;
Accessible and Useable by All;
Engagement and Empowerment of Citizens;
Collaboration for Development and Innovation

Does it makes sense to remove the ‘Quantity and Quality’ point and merging it with ‘Accessible and Usable by All’? Data quantity and quality issues, along with those related to publication of data, can all logically follow under the topic of data access and use. For example, highly aggregated data published once a year without documentation is not really usable data.

10) We will develop an action plan in support of the implementation of the Charter and its Technical Annexes, and will update and renew the action plan at a minimum of every two years. We agree to commit the necessary resources to work within our political and legal frameworks to implement these principles in accordance with the technical best practices and timeframes set out in our action plan.

We (at CIS) strongly feel that the Charter should also prescribe that along with the national Action Plan, Open Data Citizen’s Charters are created for various levels and verticals of the government. This will clarify data publication responsibilities and targets at ministerial and sub-national (including city) governmental levels, and will allow for much more effective monitoring (national and international) of the Action Plan implementation process.

‘[A]t a minimum of every two years’ reads a bit unclear. Does it mean that the Action Plan should be renewed only after two years and not before, or that the Action Plan should be renewed every two years or before that?

11) We recognise that free access to, and the subsequent use of, government data are of significant value to society and the economy, and that government data should, therefore, be open by default.

Along with clarifying the scope of ‘government data,’ the idea of ‘open’ in the context of data needs a clear definition as an independent point. The document is getting into ‘open by default’ without clarifying what is ‘open’, including both necessary and sufficient conditions.

12) We acknowledge the need to promote the global development and adoption of tools and policies for the creation, use, and exchange of open data and information.

I agree with Mike Linksvayer. This is a great opportunity for the Charter to connect the open data agenda with the wider open agendas, especially that of free and open source softwares. It is very important that this point promotes ‘global development of free and open source tools’.

Extending the comment by Jose Subero, along with ‘tools’ and ‘policies’, it will be great to have a mention of ‘standards’ here, which is critical for ensuring ‘interoperability’ and thus ‘harmonisation’.

13) We recognise that the term ‘government data’ is meant in the widest sense possible. This could apply to data held by national, federal, and local governments, international government bodies, and other types of institutions in the wider public sector. This could also apply to data created for governments by external organisations, and data of significant benefit to the public which is held by external organisations and related to government programmes and services (e.g. data on extractives entities, data on transportation infrastructure, etc).

It is wonderful that the point promotes a wide understanding of ‘government data’ but at the same time it should also define a necessary core understanding of data, just to ensure that governments do not interpret this point too narrowly.

Further, a focus only on data created by public agencies can perhaps be too narrow (for the necessary/core understanding of ‘government data’). With public services delivered increasingly by private agencies and public-private-partnerships, it is crucial that ‘government data’ should explicitly include any data coming out of a process funded by public money (the process may be carried out by a public agency or not). This is an extremely important point from a developing country perspective.

14) We recognise that there is domestic and international legislation, in particular pertaining to security, privacy, confidentiality, intellectual property, and personally-identifiable and other sensitive information, which must be observed and/or updated where necessary.

From a developing country perspective, it is very important that the Charter does not keep this critical point dependent on domestic and international legislations. International legislation may not be very developed for all of the mentioned topics, and many countries may not have existing domestic legislations on these topics either. The Charter should mention an internationally acceptable list of concerns / criteria for not opening up data. The list may include the topics mentioned here, like privacy and national security. This need not be a list of sufficient criteria, but of necessary ones.

15) We will:

develop and adopt policies and practices to ensure that all government data is made open by default, as outlined in this Charter, while recognising that there are legitimate reasons why some data cannot be released;

'Administrative reforms’ are most often crucial to make government data ‘open by default, and the same should be mentioned along with ‘policies’ and ‘practices’.

provide clear justifications as to why certain data cannot be released;

This is a great point. Perhaps it can be added that all government agencies should produce a list of all data assets maintained by them, point out the ones that cannot be made open, and provide clear justification as to why those cannot be released. This comment pre-empts 19.1. Perhaps this point about providing justification for not releasing data can be merged with 19.1.

develop the leadership, management, oversight, and internal communication policies necessary to enable this transition to a culture of openness.

Along with ‘leadership, management, oversight, and internal communication’, is it possible to add ‘incentives’? This is often overlooked in implementing open data policies.

16) We recognise that governments and other public sector organisations hold vast amounts of information that may be of interest to citizens, and that it may take time to identify data for release or publication.

17) We also recognise the importance of consulting with citizens, other governments, non-governmental organisations, and other open data users, to identify which data to prioritise for release and/or improvement.

18) We agree, however, that governments’ primary responsibility should be to release data in a timely manner, without undue delay.

Points 16-18 seem to suggest that the ‘quantity and quality’ issue is mostly one of prioritisation. This can be misleading. This is perhaps the ‘quantity’ issue, but not at all the ‘quality’ issue.

19) We will:

...
release high-quality open data that are timely, comprehensive, and accurate in accordance with prioritisation that is informed by public requests. To the extent possible, data will be released in their original, unmodified form and at the finest level of granularity available, and will also be linked to any visualisations or analyses created based on the data, as well as any relevant guidance or documentation;

Please add ‘human- and machine-readable’ along with ‘timely, comprehensive, and accurate’.

Put ‘, and’ between ‘, and accurate’ and ‘in accordance’.

‘Relevant guidance or documentation’ should be mentioned before, and not after, ‘visualisations or analyses’.

ensure that accompanying documentation is written in clear, plain language, so that it can be easily understood by all;

Add that the documentation should be ‘comprehensive’, along with being written in plain language.

make sure that data are fully described, and that data users have sufficient information to understand their source, strengths, weaknesses, and any analytical limitations;

Regarding ‘Full description of data’ — Aggregate data must be accompanied by low level raw data along with details of analytical methods used to arrive at figures. This allows for verification as well as alternate views and detection of statistical anomalies.

ensure that open datasets include consistent core metadata, and are made available in human- and machine-readable formats under an open and unrestrictive licence;

Is this the necessary definition of ‘open data’? If so, it should be much higher up.

allow users to provide feedback, and continue to make revisions to ensure the quality of the data is improved as needed; and

This point should clarify if it is talking about making revisions of the data itself (its content), or how it is being published (its form), or both?

apply consistent information lifecycle management practices, and ensure historical copies of datasets are preserved, archived, and kept accessible as long as they retain value.

The ‘as long as they retain value’ part seems vague. Who is going to take this decision about value? Is it possible to rephrase this as ‘as long as they are demanded by data users’?

21) We recognise that open data should be made available free of charge in order to encourage their widest possible use.

Maybe ‘government data’ and not ‘open data’ (open data already means it is available gratis). Also, along with ‘free of charge’ maybe add ‘under open license’, as that is a critical requirement for ‘widest possible use.’

22) We recognise that when open data are released, they should be made available without bureaucratic or administrative barriers, such as mandatory user registration, which can deter people from accessing the data.

I strongly believe that this point should be removed. Registration of the data user can also be very useful for the government agencies to track demand and actual usage of their datasets. Instead of the government agencies doing such kind of tracking as a background process, it is much better if the data usage monitoring of all users is done transparently. Along with perhaps a public dashboard of data usages of the users of an open data portal. As long as the registration barrier does not involve an approval process by the government agency, it can be allowed.

A more general point should be added as part of this principle, regarding no-discrimination (or approval process) among data users interested in accessing and using of open government data.

23) We will:

release data in open formats and free of charge to ensure that the data are available to the widest range of users to find, access, and use them. In many cases, this will include providing data in multiple formats, so that they can be processed by computers and used by people; and

Please add ‘open license’ along with ‘open formats’ and ‘free of charge’.

24) We recognise that the release of open data strengthens our public and democratic institutions, encourages better development, implementation, and assessment of policies to meet the needs of our citizens, and enables more meaningful, better informed engagement between governments and citizens.

Perhaps add ‘, and makes them transparent’ after ‘strengthens our public and democratic institutions’. Please also add ‘monitoring’ along with ‘development, implementation, and assessment’.

25) We will:

implement oversight and review processes to report regularly on the progress and impact of our open data initiatives;

The functioning of these ‘oversight and review processes’ must be open and transparent themselves. The reporting should be public.

engage with community and civil society representatives working in the domain of transparency and accountability to determine what data they need to effectively hold governments to account; encourage the use of open data to develop innovative, evidence-based policy solutions that benefit all members of society, as well as empower marginalised groups; and

This must also include a point regarding the government proactively seeking data demands from citizens, CSOs, academics, and the private sector.

‘as well as empower marginalised groups’ is too vague. Perhaps it can be made into a separate point, and qualified with what kinds of empowerment is needed – from demanding data, to accessing and using data, to be aware of the data collected from such groups by the government agencies.

be transparent about our own data collection, standards, and publishing processes, by documenting all of these related processes online.

This should be part of point 19.

26) We recognise the importance of diversity in stimulating creativity and innovation. The more citizens, governments, civil society, and the private sector use open data, the greater the social and economic benefits that will be generated. This is true for government, commercial, and non-commercial uses.

The diversity point is almost already made with points 20-21 – widest possible users lead to widest possible use.

28) We will:

...
engage with civil society, the private sector, and academic representatives to determine what data they need to generate social and economic value;

This is also covered under the Principle 3.

provide training programs, tools, and guidelines designed to ensure government employees are capable of using open data effectively in policy development processes;

This should be part of Principle 1.

encourage non-governmental organisations to open up data created and collected by them in order to move toward a richer open data ecosystem with multiple sources of open data;

I agree with ABS. Why not ‘non-governmental organisations and the private sector’?

Also the document shifts back and forth between ‘civil society organisations’ and ‘non-governmental organisations’. If both mean the same in this document, then it should use only one.

General Comments on the Charter

1. Why not merge the Principle 4 and 5 so as to describe an overall situation of engagement and collaboration. The ends can be commercial acts or towards democratic practices, but the existing principles do not make much a difference between the two types of acts.

2. Further, can a new principle be added at the end that would address the implementation process of the Action Plan? Specifically, it should clarify how the implementation itself be an open process, with not only the Action Plan but annual reports regarding the status of implementation. This principle may connect to the work being done by the Implementation WG.

For more details visit /openness/international-open-data-charter-comments-by-cis

Workshop on Open Data for Human Development - Sessions Report

sumandro — 2015-08-28T08:16:09Z

CIS facilitated a workshop on open data policy and tools for government officials from Sikkim, Meghalaya, and Tripura, and those from Bhutan and Maldives, in June 2015. The workshop was co-facilitated with Akvo, DataMeet, and Mapbox, and was supported by International Centre for Human Development of UNDP India. Here we share the workshop report and other related documents. The report is written by Sumandro, along with Amitangshu Acharya of Akvo.

Day 01, June 03, 2015

The first day of the workshop began with Mr. Prem Das Rai, Honourable MP, Loksabha, Sikkim, briefly addressing the participants. He contextualised the workshop against the background of technological changes and emerging opportunities of governance through effective usages of data. Dr. A.K. Shiva Kumar, Director of the International Centre for Human Development (IC4HD), UNDP India, welcomed the participants and initiated a panel discussion on data, ICTs and governance. The panel had three speakers: Mr. Srivatsa Krishna, IAS and Secretary, Department of Information Technology, Biotechnology, and Science and Technology, Government of Karnataka; Dr. B. Gangaiah, Additional Director General, Centre for Good Governance, Hyderabad; and Sunil Abraham, Executive Director, the Centre for Internet and Society, Bengaluru and Delhi.

Mr. Krishna spoke about the strategies adopted in setting up IT and ITES clusters in Cyberabad, Andhra Pradesh and in Bengaluru, Karnataka. He noted that tax cuts and accelerated land allocation are key to incentivising the private sector to set up IT and ITES units. Another major concern is that of ensuring supply of good quality IT workers. He also emphasised on the need for governments to build effective public facing electronic services - either in the form of Nemmadi Kendras, where people can physically go to access various government services, or in the form of mobile applications that bring different civic services into one digital interface, like Bangalore One and Karnataka Mobile One.

Dr. Gangaiah gave an extensive overview of the idea and applications of open data in the contexts of governance and development. He noted that government data (in India) often suffers from criticisms related to quality, as well as the lack of availability of the same in public domain. The key problems, he identified, for opening up government data in India are that most often the data is collected by a government agency for a very specific purpose, and the steps required to ensure wider circulation and use of the same is not taken (such as lack of documentation and interoperability of data); and that the government agencies most often consider the collected data as a source of power, and hence as something to be retained and not disclosed in full details. The slides from Dr. Gangaiah’s presentation can be accessed here.

Mr. Abraham’s presentation highlighted several areas of concern when deploying data-driven techniques and solutions for human development challenges. He described how the current phase of open data discussions by central and state governments in India represent the third phase of ‘openness’ in governance in India. While the first phase focused on usage of Free/Libre Open Source Softwares in building electronic governance applications and information systems, the second phase involved embracing of open software standards and formats across government information systems and IT solutions. It is very important to note that with the third phase of openness focusing on opening up of data and information, both of these earlier foci of free and open source softwares, and open standards and interoperability are returning as complementary components to ensure seamless publication of open government data. However, he argued, when deploying data-driven techniques and solutions for human development challenges, it is imperative to remember three things: 1) collection of data is a time- and effort-consuming task, and hence must be optimised so as to not to take away time and effort from actual developmental interventions, 2) bad quality of development data is a structural problem, often emanating from the data being not useful to the person actually collecting it, and 3) availability of data does not automatically change or open up the process of decision-making.

The second session of the day started with a detailed presentation by Mr. T. Samdup, Joint Director, Department of Information Technology, Government of Sikkim, on the context, the making, and the salient features of the Sikkim Open Data Acquisition and Accessibility Policy (SODAAP), 2014. He explained that the Policy mandates setting up of an online state data portal that will host all data sets generated by various agencies of the Government of Sikkim, and making such data available, subject to concerns of privacy and security, across all state government agencies and the citizens in general. The key needs driving this Policy have been that for availability of accurate and timely data on various aspects of human development in the state, as well as for reducing expenses and confusions due to duplication of data collection efforts. The slides from Mr. Samdup’s presentation can be accessed here.

The presentation by Mr. Samdup was followed by one by Mr. Sumandro Chattapadhyay of the Centre for Internet and Society on an initial set of questions and concerns that should be addressed by the implementation plan of the SODAAP. He took a detailed look at the four objectives mentioned in the Policy document, and discussed what tasks, decisions, and deliberations are needed to achieve each of those. In conclusion, he listed a set of core components of the implementation process that must also be discussed in the implementation plan document, namely: 1) governance and oversight structure for implementation, 2) incentivising government personnel for opening up data across departments, including financial support for the same, 3) metadata, documentation of data collection process, and implementing unique identifiers, and 4) developing processes of sharing of data between the Union and the state government, especially in reference to national Management Information Systems. The slides from Mr. Chattapadhyay’s presentation can be accessed here.

These presentations were followed by a general discussion on various aspects of the SODAAP and the challenges to be overcome during its implementation. This session provided a general introduction to the SODAAP, especially for workshop participants who are not from Sikkim, and also set up the key questions to be discussed and answered while preparing the first draft of the SODAAP implementation plan.

After the second session ended, the participants were asked to individually write down the key challenges they identify for the implementation process of SODAAP. These responses were compiled by Sumandro and made available as a reference document for the implementation plan. The chart below summarises these responses.

In the third session of the day, Joy Ghosh and Amitangshu Acharya of Akvo talked about the challenges of collecting structured born-digital data from the grassroots level, and how using mobile-based applications, like Akvo FLOW, can address such challenges. Akvo FLOW runs on all Android-based smartphones, and allows ground level development workers to directly feed data into the phone, as well as collect related materials like GPS location and photographs, based upon a form that is centrally designed and downloaded into their phones by the development workers. The data is then kept in the phone till it is sent back to the main server, where data coming from all different surveyors using the same form is shown on a map-based interface for easy navigation of the data across space and time. In this session, Mr. Acharya first introduced the participants to the issues around digital data collection, touching upon issues of ethics, capacity, prioritisation of data collection process along with tools. Mr. Ghosh then took over to describe the functioning of the tool, and then distributed several smartphones, pre-loaded with Akvo FLOW, among the participants for an applied data collection exercise where the participants walked around the NIAS campus and collected data using the FLOW interface. They returned to see their data mapped and analysed on the online dashboard. Their presentation can be accessed here.

Day 02, June 04, 2015

The second day started with two consecutive presentations by Mr. Thejesh GN of DataMeet, and Mr. Sivaram Ramachandran of Mapbox on the tools and techniques for working with statistical data and with geospatial data, respectively. The former presentation took the participants through the stages of working with statistical data: from collecting and finding data, to cleaning and validating, and finally analysing the data. Various free and open source tools for each of these stages were also discussed in brief, such as PDF Tables and Tabula for converting PDF tables to spreadsheets, Open Refine for cleaning data, and RAW and DataWrapper for generating web-based dynamic charts. The latter presentation explored the various ways in which geospatial data can be used to inform and support decision-making, and the tools that can be used to render and present geospatial data in forms that are accessible for decision-makers within government and also for individual users. Mr. Ramachandran presented the various free and open source tools available for working with geospatial data, such as Mapbox Studio, Quantum GIS, and Leaflet JS. He also gave a brief introduction to OpenStreetMap, the wiki-like user-contributed global map data platform. Both the presentations can be accessed here and here, respectively. After this session, the participants were divided into two groups. One group engaged further with tools and techniques of working with statistical and geospatial data. The second group took part in a series of exercises to identify and document the current data flows and bottlenecks thereof across several key departments of Government of Sikkim.

The group engaging in applications of various software tools for working with statistical and geospatial data was facilitated by Mr. Thejesh and Mr. Ramachandran. This group worked with a sample statistical data set, taking it across the stages of finding, cleaning, analysing, and visualising as discussed earlier. The participants used the online version of Tableau to create dynamic charts. Afterwards, they were introduced to various methods of contributing and downloading data from the OpenStreetMap, including directly adding data points through the online editor named iD. The participants went out in the NIAS campus to collect geospatial data about various natural and human-made features of the campus, such as trees, pathways, etc.

The second group working on documenting data flows and identifying bottlenecks was facilitated by Mr. Chattapadhyay, Mr. Acharya, and Ms. Rajashi Mukherjee from Akvo. The group was further divided into department-wise teams, one each for the Department of Health, the Department of Economic Statistics, Monitoring, and Evaluation (DESME), the Human Resource Development Department (HRDD), and representatives from Gram Panchayat Units. The exercise began with each of the teams discussing and drawing the flow of data for one of the major data set maintained by the agency concerned. The data flows were drawn by identifying key moments of its processing (such as primary collection, verification, digitisation, analysis, storage, reporting, etc.), the actors involved in that moment, the tools and data formats relevant for each moment, and which agency finally stores and uses the data. Once these processes were described on paper, the next part of the exercise focused on identifying which challenges exist at which part of these data flows. This was followed up by a ranking of all these challenges, in terms of how critically they affect the ability of the agency concerned to use and share the final data. All the teams worked separately, and conversed with the facilitators as needed, to develop the data flow diagrams and identify the key challenges.

The major common challenges noted by these teams were: 1) delays in collection, verification, and digitisation of data, 2) inability of state government agencies to access data collected as part of centrally-funded welfare schemes, and 3) parallel systems of data collection employed by different departments leading to duplication of efforts and data.

Several interesting insights came through in this exercise. For example, data related to education is collected both by the HRDD, and the Sarva Shiksha Abhiyaan (SSA). However, SSA data is not shared with the HRDD. Also, the HRDD publishes all its data, including the name of students, on their website, making it publicly available. One of the data challenges identified by the HRDD was their difficulty in tracking if scholarship money is reaching the suitable students. When a student moves from one school to another, the records do not get updated easily. This leads to different schools continuing to receive funds for the same scholarship. Aligning school records is important to prevent such leakages.

After these two grouped exercises, all the participants gathered back so that the data flows diagrams and identification of key challenges documented by departmental teams could be presented to the entire group. Each team presented their data flow diagram, and discussed challenges and opportunities. This created a context for different departments to discuss what kind of data they often needed from each other, and how there was neither a platform for inter-departmental discussion on such issues, nor systems that facilitate the same. There was an agreement that an open data platform could address this issue to a great extent. The discussion also highlighted that the most significant data collecting government agency in Sikkim is DESME, however, it does not publish any data in machine-readable formats, and does not even have a website.

This data flow and bottleneck exercise made it very clear that there are several data production and collection processes in place in Sikkim, and also systems that are digesting, processing, and reporting data. Hence, implementing the open data policy will need to negotiate with such complexity.

In the final session of the day, Dr. Shiban Ganju made a presentation on applications of open data in healthcare. His talk focused on how converting medical information about a patient being stored at various locations to a combined and shareable Electronic Health Record can save the patient as well as the medical practitioners from duplication of medical tests, easier mobility from one medical institute to another, and a clearer macro-level understanding of key public health indicators. Dr. Ganju discussed the open health data initiatives in the United States, in the United Kingdom, and in Sweden, before discussing the challenges faced in implementing interoperable standards for open health data in India. The slides from Dr. Ganju’s presentation can be accessed here.

Day 03, June 05, 2015

The final day started with a set of presentations from Mr. Garab Dorji, Deputy Chief IT Officer, Office of the Prime Minister, Thimphu, Bhutan of the Government of Bhutan, Mr. Birendra Tiwari, Senior Informatic Officer, Department of Information Technology, Government of Meghalaya, and Mr. Milan Chhetri of Melli Dara Paiyong Gram Panchayat Unit, Sikkim, on various technological solutions being explored, implemented, and practiced by the respective governments and administrative units.

Mr. Milan Chhetri’s presentation was on the operationalisation of Cyber Villages in Sikkim, which had been initiated in 2013 with support from the Honourable Chief Minister of Sikkim, Pawan Kumar Chamling. Cyber Villages aim to address digital divide, by empowering local village units with handheld data devices to collect data from every household and connect the same to a real time dashboard. All village related data is expected to be available in one place. At the same time as part of e-governance initiative, SMS based updates on Government programmes and services will be sent to all villagers. Mr. Chhetri ended his presentation with a short promotional video of the concept, which is embedded below.

The second session of the day started with a presentation from Mr. D. P. Misra, National Data Sharing and Accessibility Policy - Programme Management Unit (NDSAP-PMU), National Informatics Centre, Government of India. The presentation focused on the process of implementation of the National Data Sharing and Accessibility Policy approved by the Government of India in 2012. Mr. Misra has played a key role in the NDSAP-PMU that was trusted with development of the national open government data platform of India and in setting up the procedures and standards for publication of government data by various central and state government agencies through that Platform. His talk described the technical solutions designed by the NDSAP-PMU to make data accessible for the end-users in various file formats, to make visualisation of available data easy, and to make it possible for users to comment upon existing data and to request for data that is unavailable at the moment. Further, he emphasised the need for outreach initiatives by the government so as to build awareness and activities around the available open government data. The slides from Mr. Misra’s presentation can be accessed here.

The presentation by Mr. Misra was followed by a group exercise where various teams, self-selected by the participants, worked on different sections of the SODAAP implementation plan to put together ideas and plans for the first draft of the document. Five groups were formed and each of them worked on a separate section of the implementation plan: 1) Governance Framework and Budgetary Support, 2) Data Inventory and Negative List, 3) Data Acquisition and Open Standards, 4) Data Publication Process, Licenses, and Timeframes, and 5) Awareness, Capacity, and Demand of Data. The initial section titled ‘Introduction to the Policy and its Principles’ was put together by Vashistha Iyer on the basis of the SODAAP document. The technical section on the ‘Sikkim Open Data Portal’ was left out of this drafting exercise, as it was decided that the representatives of the Department of Information Technology will prepare this section on the basis of their interactions with the NDSAP-PMU later in June.

The drafting session was followed by presentations by each team working on a separate section, and quick feedbacks from all the participants. These drafts, along with the feedbacks, have been compiled together by Mr. Chattapadhyay, and is shared with the officials from the Government of Sikkim for their further discussion and eventual finalisation of the SODAAP implementation plan document.

The workshop ended with a round of final words and sharing of learning by the participants, and a vote of thanks on the behalf of the organisers.

For more details visit /openness/workshop-on-open-data-for-human-development-2015-06-report

Open Data Intermediaries in Developing Countries - A Synthesis Report

sumandro — 2015-06-16T09:40:58Z

The roles of intermediaries in open data is insufficiently explored; open data intermediaries are often presented as single and simple linkages between open data supply and use. This synthesis research paper offers a more socially nuanced approach to open data intermediaries using the theoretical framework of Bourdieu’s social model, in particular, his concept of species of capital as informing social interaction... Because no single intermediary necessarily has all the capital available to link effectively to all sources of power in a field, multiple intermediaries with complementary configurations of capital are more likely to connect between power nexuses. This study concludes that consideration needs to be given to the presence of multiple intermediaries in an open data ecosystem, each of whom may possess different forms of capital to enable the use and unlock the potential impact of open data.

This synthesis report is prepared by François van Schalkwyk, Michael Caňares, Sumandro Chattapadhyay, and Alexander Andrason, based on the analysis of a sample of cases from the Exploring the Emerging Impacts of Open Data in Developing Countries (ODDC) research network managed by the World Wide Web Foundation and supported by the International Development Research Centre, Canada. Data on intermediaries were extracted from the ODDC reports according to a working definition of an open data intermediary presented in this paper, and with a focus on how intermediaries link actors in an open data supply chain.

Below is an excerpt from the report. The full report can be accessed from Figshare or from Github.

Implications for Policy

The practical implications of the findings presented here are not insignificant. Given that most of the open data intermediaries in this study were found to rely on donor in order to execute their open data-related social benefit activities, it is perhaps funders who should take heed of the findings presented here when making grants. For example, where a single agency is awarded a funding grant to improve the lives of citizens using open data, questions need to be asked whether the grantee possesses all the types of capital required not only to re-use open data but to connect open data to specific user groups in order to ensure the use and impact of open data. Questions to be asked of grantees could include: “Who are the specific user groups or communities that you expect to use the data, information or product you are making available?”; “Does your organisation have existing links to these user groups or communities?”; and “What types of channels are in place for you to communicate with these user groups or communities?”. Alternatively donor funders may rethink awarding funding to single agencies in favour of funding partnerships or collaborations in which there is a greater spread of types of capital across multiple actors thereby increasing the likelihood of effectively linking the supply and use of open data. Such an approach would be more in line with an ecosystems approach to multiple actors being participants in the data supply and (re)use of open data, and the importance of keystone species and positive feedback loops to ensure a healthy system.

In addition to highlighting the importance of social capital in developing-country innovations systems, Intarakummerd and Chaoroenporn (2013) point to the importance of government initiating and coordinating the activities of both public and private intermediaries. Our findings indicate that should governments adopt such a co-ordinating role in the case of open data intermediaries, they would do well to engage with a broad spectrum of intermediaries, and not simply focus on intermediaries who possess only the technical capital required to interpret and repackage open government data. To be sure, this will be a challenging role for government to assume as conflicting vested interests are likely to surface. Although speculative, it is possible that such a coordinating role is likely to work best when there is a strong pact between all actors involved. And this, in turn, will require a common vision of the value and benefits of open data – something that cannot be taken for granted.

Should there be agreement on the value and benefits of open data, our findings show that most of the intermediaries in our study are NGOs that rely on donor funding. This should raise serious questions about the sustainability of open data initiatives that are civic-minded in conjunction with questions about what incentives other than that of donor funding could ensure the supply and use of open data beyond project funding. Funders and supporters of open data initiatives may have to think not only about the value and benefits or funding projects, but of the sustainability and the impacts of the products produced by the projects they fund.

For more details visit /openness/blog-old/open-data-intermediaries-in-developing-countries