Module 1: GIS Data Policy Options

1(A): CONSEQUENCES

  Your GIS data policy, or lack of one, has consequences

1(B): OPTIONS

  Your 4 GIS data public policy options

1(C): PEOPLE

  Big dogs in GIS data policy

A manifesto on the topic of publicly held GIS data policy by Christopher W. Dunn, Esq.

Disclaimer: I am not your attorney, viewing this web page, and using the information here does not create an attorney-client relationship between us. This information is my opinion and my opinion is subject to change as I learn more. This information should not be considered legal advice, and is not offered as such.

Module 1a: Conseq

uences

Your GIS data policy, or lack of one, has consequences.

Your Community’s GIS Data Policy is Your Communities Economic Development Policy!

• Almost exclusively, the only people who need your GIS data are the people who are looking to do business with or within your community.
• Or, the people who want your data produce a tool that helps the third parties engage with with your community.
• Investment seeks transparency & sophisticated local governments.
• If the cost of evaluating your infrastructure is too high development will go elsewhere.
  

FACT: Many Missouri GIS Departments are Implementing RSMo § 67-1850  Incorrectly & Illegally!

FYI: There are numerous companies and public interest organizations with enough money and time to bring suit against local governments who refuse to follow the law.

Comment 1

What is your public policy reason for charging fees for your GIS records?

• Are you doing it to bootstrap your local government into a GIS with the hope of reaching self sustaining funding levels?
• Are you doing it to ensure only the right people have this powerful data?
• Are you doing it to lower taxes on your citizens and recover the cost of your GIS program?
• Are you doing it to keep the media or out-ot-towners at bay?
• Or, do you think “why should we give it away? This stuff has a high market value?”

Comment 2

Module 1b: Options

Comment 3

Perform a Self-Assessment Before Deciding on a GIS Data Policy. Review these considerations…

Traditions & History: “We have always done it this way” vs. “The Innovators”

Politics: How does your government view its role in society?

Your Political Skills: Stay off the radar! vs. Leading boldly

Legal: Do you have legal support or funds?

Local Factors: Only you know the hidden landmines.

Comment 4

Perform a Self-Assessment Before Deciding on a GIS Data Policy. Review these considerations…

State Law: Does the state have a GIS data statute?

No Sales Law: Does the state restrict the use of public records?

Other Governments: DON’T JUST COPY THEIRS. They may be full of crap.

Case Law: Has this or a similar issue gone through the state courts?

Preconceptions: Examine your biases.

Comment 5
I’m not sure about this but after they review the considerations should we give them an idea of what they should consider while reading forward, as in what policies align with these factors? ex. State law: what if the state does have GIS policy

“What is the best policy option that will produce the most good for the citizens I serve?”.

Comment 6

No Specific GIS Data Sales Policy

A policy whereby a local government treats GIS data like any other record under the state’s open records act.
Or the “Chill out bro” policy option

Objectives of Having No GIS Data Sales Policy

Objectives of Having No GIS Data Sales Policy

• Appear to be responsible managers of the public trust.
• Less Bureaucracy.
• Easier to administer.
• It’s a public record and we treat it as such.

Results of Not Having a GIS Data Policy

• You don’t have the expense of hosting all your data online.
• It is easy to administer.
• You charge whatever you would charge for a similar open records request.
• You can treat your GIS records like any other record set in your organization.
• You never touch money.
• People leave you alone.
• You are less likely to get sued
• You are less likely to win an economic development competition with a similarly situated competing community that has free data.
• There’s no pressure to do anyone any “favors.”
• You don’t recapture the cost of your GIS operations.

Comment 7

Data Sales

A policy whereby a local government attempts to receive the maximum legally allowable return on its GIS data.

Some State GIS Data Sales Statutes:

1. Remove “GIS formatted” public records from the state open records laws.
2. Allow the local government to sell GIS data at a price not to exceed the annual operation budget of the GIS department.
3. Allow the local government to require the citizen to sign a license before obtaining GIS records.
4. Allow the local government to treat groups differently.
5. Limit the use of the data, even by other governments.
6. Disclaim all lability to the purchaser.

Comment 8

Objectives of a GIS Data Sales Policy

Objectives of a GIS Data Sales Policy

• Appears to be responsible managers of the public trust.
• Lower the cost of government for the taxpayer.
• Recover the value of your expenditures on information.
• True User Pays Model

Results of a GIS Data Sales Policy

• You will lose economic opportunities
• You have to handle money.
• You are more likely to be sued.
• You will be pressured by powerful people to cut some people deals on the downlow.
• You will have to annually reprice your data and get that approved by the governing body.
• You may not recover the cost of the policy.
• People will not love you.
• A paid subscription service which treats lawyers, title companies, realtors and other locals differently (better) that someone from out of town is subject to an constitutional equal protection challenge.
• The details of how you are pricing your data sets is subject to challenge and discovery.
• Your GIS Licensure agreement is largely, if not completely unenforceable.
• You may start turning down reasonable request to charge people more.
• People will bootleg your data
• People may attempt to hack your system
• Your local government partners may start sharing your data.
• Your non-profit community will suffer effects.
• Your elected officials will throw you under the bus when they get citizen complaints.
• When you offer the local engineering company a data set so they can bid on one of your projects and you charge someone else, you are vulnerable to an equal protection suit.
• Other departments will want to hide data in your GIS so it will become less subject to disclosure.
• You are very unlikely to recover the market value of your data sets.
• Greater Potential for corruption.

Comment 9
I think we should reorganize this list or find a way to break it down so its more readable.

Data Cost Recovery

A policy whereby a local government attempts to recover the cost of its GIS operation.

Some State GIS Data Cost Recovery Statutes:

1. Remove “GIS formatted” public records from the state open records laws.
2. Allow the local government to sell GIS data set by the governing body.
3. Allow the local government to require the citizen to sign a license before obtaining GIS records.
4. Allow the local government to treat groups differently.
5. Limit the use of the data, even by other governments.
6. Disclaim all lability to the purchaser.

Comment 10

Objectives of a GIS Data Cost Recovery Policy

Objectives of a GIS Data Cost Recovery Policy

• Appear to be responsible managers of the public trust.
• Lower the cost of the government for the taxpayer.
• Recover the value of expenditures on information.
• User Pays Model

Results of a GIS Data Sales Recovery Policy

• You will lose economic opportunities
• You have to handle money
• You are more likely to be sued
• You will be pressured by powerful people to cut some people deals on the downlow
• You will have to annually reprice your data and get that approved by the governing body
• You may not recover the cost of the policy
• People will not love you
• A paid subscription service which treats lawyers, title companies, realtors and other locals differently (better) that someone from out of town is subject to a constitutional equal protection challenge
• The details of how you are pricing your data sets are subject to challenge and discovery
• Your GIS Licensure agreement is largely, if not completely unenforceable
• You may start turning down reasonable request to charge people more
• People will bootleg your data
• People may attempt to hack your system
• Your local government partners may start sharing your data
• Your non-profit community will suffer effects
• Your elected officials will throw you under the bus when they get citizen complaints

Comment 11

Top 12 ways local governments avoid filling GIS Data requests:

1. Claim that GIS data are really software. Therefore the statute says you don’t have to release it.
2. Claim you are only allowed to provide the hard copy of the database at $0.25 a page.
3. Require the data requestor to sign an onerous data licensing contract and price the data beyond the means of all but the largest commercial users.
4. Play dumb and offer to print them a map if they will go away
5. Inform them that the data are accessible from the website. Which is true – but can only be accessed one parcel (vertically) at a time.
6. Require the data requestor tell you their plans for the data – meanwhile ask the Sheriff to drop by to “talk with” them while a deputy has their car towed “accidentally.”
7. Claim that the request is for data that does not currently exist (and they can’t prove otherwise without discovery).
8. Claim the data are provided by a third party commercial vendor, therefore it is copyrighted and cannot be distributed.
9. Claim the database cannot be subdivided and restricted information is contained within; Information cannot be released.
10. Provide the data in a proprietary format which the requestor is unlikely to be able to use.
11. Claim someone else is the public records custodian and then bounce requestors from office to office
12. Deny the request, get sued, lose, but don’t worry because your state has no teeth in its open records act. Your fine will be minimal.

Comment 12

Free Data

A policy whereby a local government attempts to grow by leveraging open access to its GIS data.

Objectives of a FREE GIS Data Policy

Objectives of a FREE GIS Data Policy

• Appear to be responsible managers of the publics trust.
• A belief that free data fuels economic development
• Levels of the playing field between public interests and sectors
• Promotes government transparency and accountability

Results of a FREE GIS Data Policy

• It costs more to give data away
• Those who depend upon your free data become allies at budget time.
• You can safely tell people that free GIS data means good government.
• New economic development increases the tax base.
• The local chamber of commerce will love you.
• Politicians will quit asking you to give their brother-in-law data while demanding you charge everyone else.
• Reporters will leave you alone.
• It is a way of crowd sourcing data corrections.
• It fuels local real estate speculation – Not a bad thing!
• Established special interests will be upset.
• When the server goes down people lose their mind.
• Yes, some people will complain that their address is on the internet.
• It costs more to give data away

Comment 13
I would have something here like a conclusion on the 4 policy options, because a lot of them have similar points. I think something that gave each of them a short main idea statement or comparing a couple would be smart.

Module 1c: People

The 3 Big Dogs in the GIS Data Policy & Law Field

Comment 14
I would add a little blurb about each guy, either highlighting some achievements in the field, their thoughts on GIS data policy, or something about them.

George Cho

University of Canberra · Australian Institute for Sustainable Communities (AISC)

Kevin Pomfret

Williams-Mullen

Harlan Onsrud

Engineer · Surveyor · Lawyer · Professor of GIS & IT

Next Module: GIS Data and Public Records

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