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Professor Anne Fitzgerald Professor of Law Research, Queensland University of Technology Law Faculty CODATA International Conference: Open Data & Information.

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Presentation on theme: "Professor Anne Fitzgerald Professor of Law Research, Queensland University of Technology Law Faculty CODATA International Conference: Open Data & Information."— Presentation transcript:

1 Professor Anne Fitzgerald Professor of Law Research, Queensland University of Technology Law Faculty CODATA International Conference: Open Data & Information for a Changing Planet October 2012 Taipei © 2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.Creative Commons Attribution 3.0 Australia

2 I love A sunburnt country A land of sweeping plains Of ragged mountain ranges Of droughts and flooding rains. My Country, Dorothea McKellar (1904) … Uluru at sunset by Richard Fisher,

3 Natural disasters as the tipping point for change in data access and reuse Series of environmental events in eastern Australia from 2006 to 2011 provided tipping points for the adoption of new information access and reuse practices Adoption of open content licensing (Creative Commons) as the default for distribution of government copyright materials (least restrictive licence, CC BY accepted as the default and widely used in practice) Direct provision of raw data in open formats suitable for immediate reuse in open platforms Use of social media to collect and disseminate information Rapidly accepted as standard practice – not just short term and situation specific Cumulative effect

4 OECD Recommendation on Access to and Reuse of PSI (2008) Openness principle: Maximising the availability of public sector information for use and re-use based upon presumption of openness as the default rule to facilitate access and re-use. Developing a regime of access principles or assuming openness in public sector information as a default rule wherever possible no matter what the model of funding is for the development and maintenance of the information. Defining grounds of refusal or limitations, such as for protection of national security interests, personal privacy, preservation of private interests for example where protected by copyright, or the application of national access legislation and rules. Access and transparent conditions for re-use principle: Encouraging broad non-discriminatory competitive access and conditions for re-use of public sector information, eliminating exclusive arrangements, and removing unnecessary restrictions on the ways in which it can be accessed, used, re-used, combined or shared, so that in principle all accessible information would be open to re-use by all. Improving access to information over the Internet and in electronic form. Making available and developing automated on-line licensing systems covering re- use in those cases where licensing is applied, taking into account the copyright principle below.

5 Towards an information policy From 2005 on – reviews of government information access and reuse practices Queensland Government Information Licensing Framework (GILF) report (2006) Cutler review (2008) Victorian Parliament review of access to PSI (2009) Government 2.0 Taskforce (2009) Lawrence (Ordnance Survey) reviews of spatial policy and practices (2011) reform of Freedom of Information schemes – introduction of RTI (right to information) proactive disclosure principles and practices (2009 on)

6 Review of the National Innovation System (Cutler review) 2008 Information flow is a central part of the innovation agenda The value of information/content is in its use/re-use

7 Venturous Australia (Cutler report, 2008) Open gate by chelmsfordblue (Nick) Australia should establish a National Information Strategy to optimise the flow of information in the Australian economy. The fundamental aim of a National Information Strategy should be to: maximise the flow of government generated information, research, and content for the benefit of users (including private sector resellers of information). A specific strategy for ensuring the scientific knowledge produced in Australia is placed in machine searchable repositories be developed and implemented using public funding agencies and universities as drivers. Information, research and content funded by Australian governments – including national collections – should be made freely available over the internet as part of the global public commons, to the maximum extent possible.

8 Venturous Australia (Cutler report, 2008) Recommendation 7.8 Australian governments should adopt international standards of open publishing as far as possible. Material released for public information by Australian governments should be released under a creative commons licence.

9 Towards an information policy Vanessa Lawrence, DG and Chief Executive of UK Ordnance Survey: Investigation into the Spatial Capability of Australia - Final Report (October 2011) Recommendation 14: A clear set of guidelines as to how data should be collected, maintained and disseminated should be put in place throughout the Australian public sector. Clear framework guidelines should be drawn up in the following policy areas: an information policy a spatial policy, which also could be known as a location data policy a geospatial policy In addition, the current status of national policy for data interoperability, data publishing and data linking should be reviewed, taking into account similar international initiatives such as the EU INSPIRE Directive and Linked Data initiative. Recommendation accepted by the Federal Government in 2012 © 2012 Anne Fitzgerald..

10 Cyclone Larry – Far North Queensland (March 2006) Adoption of open content licensing (Creative Commons) as the default position for distribution of government copyright materials

11 Licence logjams after Cyclone Larry Problem of access to data held by different government departments (State/Federal) and government-owned utility companies (power/gas) Governments traditionally relied on Crown copyright to control access to information (to restrict flow of information or to preserve commercial rights) Survey of Queensland government departments found that the majority of government business units did not use any formal licensing For those that did, the legal frameworks varied significantly - standard approaches were outdated - many derivatives of licences Often, there was no licence, so access/use/reuse rights are unknown – high transaction cost of negotiating new licences Where licences existed, terms were vague or inconsistent No standard approach towards data access for users Complexity for anyone outside dealing with multiple Potentially more difficult for Gov agencies to deal with each other than to get same information from outside Government

12 Simplifying information licensing How to overcome the George Street shuffle? Strengthening commitment to ensuring that information would be accessible and reusable across the public sector and utilities Crown copyright in informational works should be managed so as to enable (not prevent) access and reuse Government Information Licensing Framework (GILF) project (QUT and Queensland Government) proposed the application of Creative Commons licences to government copyright materials – permission for copying and distribution From 2007/2008 GILF proposals were taken up by major federal government departments with location and geospatial data: Geoscience Australia, Australian Bureau of Statistics, Bureau of Meterology


14 Geoscience Australia – DEM data Digital Elevation Model (DEM), arranged in 3 grids: 1 second (DEM,DEM-S,DEM-H), 3 second (DSM,DEM,DEM-S), and 9 second (DSM,DEM,DEM-S) elevation data (see Geoscience Australia National Elevation Data Framework Portal ) When first released in December 2010, the 3 second and 9 second data was provided under a CC BY licence From December 2011, non-government users can order the 1 second (DEM,DEM-S,DEM-H), 3 second (DSM,DEM,DEM-S), and 9 second (DSM,DEM,DEM- S) elevation data which are now all licensed under Creative Commons (CC) BY 3.0 Australia. © 2012 Anne Fitzgerald..

15 Geoscience Australia - Landsat 8 data New Landsat 8 satellite to be launched in early 2013 Upon full implementation, which involves the deployment of major infrastructure upgrades by GA, data will be beamed from Landsat 8 on a daily basis to GA-operated ground stations in Alice Springs and Darwin. As soon as possible after receipt and processing, GA will make the satellite images publicly available free of charge. GA will make Landsat 8 satellite images available under a Creative Commons CC BY Australia 3.0 licence to facilitate legal reuse of the images.Creative Commons CC BY Australia 3.0 licence Jeff Kingwell, Section Leader of GAs National Earth Observation Group : Our experience is that using the Creative Commons Attribution Licence – which is the default licence for GA information – makes the data more useful and easier to apply. For example, to help the Indonesian government to monitor forest management, GA supplies Landsat data from a number of foreign data archives. Since we can apply the same licence conditions to each data source, the information is much more useful and easier to share and reuse. © 2012 Anne Fitzgerald..



18 Australian Government Attorney Generals IP Manual (2012) Attorney Generals IP Manual makes it clear that PSI should be released by default free of charge under a Creative Commons Attribution (CC BY) Australian licence by default. (Chapter 9 - Sharing and Granting Public Access to IP) Agencies are now required to make licensing decisions about whether to use Creative Commons licences (or other open content licences) when publicly releasing their PSI.

19 Black Saturday Bushfires – Victoria (February 2009) Direct provision of raw data in open formats suitable for immediate reuse

20 Burning Trees by Sascha Grant,

21 Mother Natures Fury by Valley_Guy (Graeme),

22 Region of sorrow… by Elizabeth Donoghue,

23 Sam the Koala and David Tree; photo Koala, by Mark Pardew / Associated Press

24 Black Saturday Over 400 individual fires recorded on 7 February 2009 Affected 78 townships, destroyed 2,030 houses and > 3,500 structures Displaced an estimated 7,562 people 414 people injured 173 deaths – Australias highest ever loss of life from a bushfire © 2012 Anne Fitzgerald..

25 Black Saturday Google worked with the Victorian Country Fire Authority (CFA) to overlay the CFAs data onto Google Maps to produce a real- time map of the locations of the Victorian fires - CFA is responsible for managing fires on private lands Google also wanted to plot fires on public lands - this data was owned and controlled by the Victorian Department of Sustainability and Environment (DSE) The DSE data is subject to Crown (government) copyright and permission had to be obtained from the relevant government authorities before the data could be released to Google for use in this way - during the fire emergency, Google was unable to obtain permission to use the DSE data and could not plot it onto their map Google now working with fire authorities in Victoria, New South Wales and South Australia to obtain immediate fire updates

26 Google Victorian Fire Map


28 Floods and Cyclones – Queensland (January, February 2011) Use of social media to collect and disseminate emergency information

29 Trapped Woman 2 by Tim Swinson |

30 It's not open you fool! - Brisbane Floods by Erik K Veland,

31 IMGP6046_floods-museum-dinosaur by Rae Allen,

32 Cyclone Yasi Tropical Cyclone Yasi Headed Toward Queensland, Australia by NASA Goddard Space Flight Centre,

33 Cyclone Yasi_09_05Feb2011 by Michael Dawes,

34 Queensland Floods and Cyclones 10 January 2011 – flash flood (inland tsunami) hit Toowoomba and Lockyer Valley (inland from Brisbane) In following days, river floods hit Brisbane and Ipswich By mid-January 2011, ¾ of Queensland declared a disaster zone In next weeks, 2 cyclones hit North Queensland (Anthony – category 1; Yasi – category 5) > 70 towns, > 200,000 people affected 20,000 houses inundated in Brisbane 37 deaths © 2012 Anne Fitzgerald..

35 Disaster Management and Social Media – a Case Study, Queensland Police Service (2011) QPS Media and Public Affairs Branch began a trial use of social media accounts Facebook, Twitter and YouTube in May 2010, to Establish a social media presence Engage in a 2-way conversation between QPS and the public Develop an online community of followers before a disaster occurred Organic growth through 2010 – steady and manageable growth – word of mouth – allowed the media team to steadily develop social media skills and procedures By 1 November 2010 (6 months after trial began), QPS had 4,500 likes on Facebook; 7,000 likes by 24 December TC Tasha and Rockhampton floods: FB likes went from 7,000 (25 December 2010) to 17,000 (10 January 2011)

36 Disaster Management and Social Media – a Case Study, Queensland Police Service (2011) QPS used Facebook, Twitter (#qldfloods, #TCYasi), live video streaming, YouTube In the 24-hour period following the flash floods, the number of likes on the QPS Facebook page increased from approx 17,000 to 100,000. This same day the QPS Facebook page generated 39 million post impressions, equating to 450 post views per second over the peak 24-hour period. The twin cyclones caused another spike in use of the QPS social media accounts to > 170,000 on 2 Feb ortsPublications/documents/QPSSocialMediaCaseStudy.pdf ortsPublications/documents/QPSSocialMediaCaseStudy.pdf

37 Queensland Police Service Facebook Likes, May 2010 – February 2011 Disaster Management and Social Media – a Case Study, Queensland Police Service (2011), licensed by QPS under a Creative Commons Attribution 2.5 Australia Licence.




41 The lessons from these events Agency responses to natural disasters can lead to significant advances in information access and reuse policy and practice These advances can be sustained and become incorporated into an organisations ongoing information management policy and practice Agencies with existing policy and practice frameworks have been successful in integrating their disaster responses into their standard operations

42 Flooding in Australia by NASA Goddard Space Flight Centre, But then the grey clouds gather, And we can bless again The drumming of an army, The steady soaking rain. Core of my heart, my country! Land of the rainbow gold, For flood and fire and famine She pays us back threefold. My Country, Dorothea McKellar (1904)

43 Core of my heart, my country! Her pitiless blue sky, When, sick at heart, around us We see the cattle die – My Country, Dorothea McKellar (1904) A Sunburnt Country by Beppie K,

44 Fiery Opal by sulla5,

45 Thank you Professor Anne Fitzgerald, QUT Law School, Brisbane, Australia Publications: Access to Public Sector Information: Creative Commons Australia: CC & Government Guide: Using Creative Commons 3.0 Australia Licences on Government Copyright Materials Anne Fitzgerald, Neale Hooper & Cheryl Foong © 2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.Creative Commons Attribution 3.0 Australia

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