1. 2013.6.13 Open Data Promotion Consortium Chairman of data governance, Yuriko Inoue Activity report for fiscal 2012 and the proposal for activity policy for fiscal 2013 of the Data Governance Committee Material3-2 This document is a provisional translation by Open Data Promotion Consortium

2. 1. Report of Data Governance Committee (FY2012) (1)Outline 1 DatetheOutline 2012.09.261 st Data Governance CommitteeConsiderations and proceedings of this fiscal year etc. 2012.11.142 nd Data Governance Committee Determination of data to be considered in this fiscal year. Report of the overseas trend survey etc. 2013.01.24 2nd Electronic Administration Open Data working-level meeting Rules and dissemination WG Report on the progress of the data governance committee. Trial based on CC-BY etc. 2013.01.283 rd Data Governance Committee Report on the overseas trend survey Implementation method of case study etc. 2013.03.154 th Data Governance Committee Discussion of the report (proposal) of the data governance committee etc. 2013.03.21 3 rd Electronic Administration Open Data working-level Meeting Report of the measures and proposals of the data governance committee. As a result of a case study, secondary use is accepted freely in a principle based on a use policy. Propose considerations for preparation of user policy. 2013.04.19 Announcement of the open data of WHITE PAPER Information and Communications The idea of “open data” of WHITE PAPER Information and Communications is carried out based on the proposal of terms-of –service which has been discussed in the data governance committee.

3. 2  Study points of the data governance committee  Study direction  Current conditions and problems of utilization condition of public data  Direction of problem solving  Fundamental policy of secondary utilization overseas  Comparison of the license adopted overseas  Study on the license which is considered to be adopted in Japan, a clear specification of terms of use  Case study (WHITE PAPER Information and Communications in Japan etc.)  Study on a draft of the user policy and the text of contract at the time of consignment.  The draft of the user policy: how to post on a web site and the data concerned, and its contents.  The draft of service contract: summary of copyright and necessary information to permit secondary use.  Study on other considerations Source: 4 th Data Governance Committee materials 1. Report of Data Governance Committee (FY2012) (2)Outline

4. Reference: The proposal to the electronic administration open data working-level meeting (1) 3  The following matters are proposed for the user rule for a promotion of the secondary use of public data by the data governance committee. 1. The public data which a country holds should be used freely by everyone as long as there is no substantial and rational reason to restrict the use of the data. Hence, it is inappropriate to accept the utilization restriction based on the country’s copyright. Therefore, a fundamental rule which accepts the secondary use freely should be informed to all the ministries and governmental offices in spite of the presence or absence of country’s copyright. 2. Although denying the copyright of the country by legislation is also considered for the public data which has copyrightability. From a viewpoint of promoting the open data strategy immediately, policy making and implementation of utilization are needed to be discussed. Development and implementation of the user rule, which accepts the secondary use without excising the country’s copyright, should be discussed. 3. Following points are needed to be discussed to make the utilization rule. A) The utilization rule should be integrated as much as possible for the convenience at the time of overlaying (mash-up) the various data by machines. Compatibility with the license which is widely used in a society is written and machine readability is also considered. B) When the public data owned by the country has a part which the third party has a right, the third party’s consent may be needed. Hence, user’s attention should be called by clearly showing the condition. (In that case, it is desirable to write a point of related legal system: Digital data, easy tables and graphs are not subjected a copyright protection. There is a case where utilization of data is accepted without consent of copyright holders such as a quotation.) C) When a specific identification method which defines that a country should regulate secondary use of public data exists, the contents are needed to be displayed intelligibly. * Since the proposal of terms of use has been discussed considering these points in the data governance committee. Please refer to it. Source: March 21, 2013 3rd Electronic Administration Open Data working-level meeting "The Measure and Proposal of Open Data Promotion Consortium”

5. 4 4. The public data which will newly created from now on and the past data should be handled distinctively. These should be discussed in the way that the data to be handled respectively as follows. A) For the public data which is to be newly created from now on, in the case of outsourcing a survey, integration and clarification of the rights are necessary on the premise of the second use such as by including the contents which permit the secondary use of the report into a commission of authority. * Since the draft of commission of authority has been discussed in the data governance committee. Please refer to it. B) On the other hand, checking related rights of the past public data is overloaded works. When it is judged to be inadequate from a viewpoint of cost effectiveness, confirmation of the rights should be entrusted a user’s responsibility. This can be done by specifying it in the user rule. * A procedure and a terms-of-service (draft) (after-mentioned) have been discussed in the Data Governance Committee for a case, investigation of rights and confirmation of permission of the third party are done by each ministry and government office. Please refer to it. 5. At the same time, various environment managements are expected such as making of related manuals, implementation of training for faculty, maintenance of a help desk and FAQ, and a risk management. The proposal to the electronic administration open data working- level meeting (2) Source: March 21, 2013 3rd Electronic Administration Open Data working-level meeting "The Measure and Proposal of Open Data Promotion Consortium”

6. 5 Reference: User Policy of WHITEPAPER Information and Communications in Japan  WHITEPAPER Information and Communications in Japan (2010- 2012) can be used for free in principle.  WHITEPAPER Information and Communications in Japan (2010- 2012) (HTML version (including Excel data) and PDF version), is available to anyone. Various utilizations such as copying, a modification, a distribution and a public transmission,etc. are permitted except the chart published in the following chart lists and the text etc, which indicates the third party’s source. Commercial use is possible.  Please indicate the source when you use it. (Example of a source indication) (abbr.) Source: MIC “Implementation of open data of WHITE PAPER Information and communications – first adaption of user policy to permit free secondary use of governmental WHITEPAPER.” April 19,2013. After expressing that secondary use could be freely possible in principle in a beginning part, detailed descriptions are provided. Because a part which has copyrightability secures the compatibility and machine readability with overseas, it is mentioned that it can be used by “Attribution license (CC- BY)” adapting the Creative Commons License. After expressing that secondary use could be freely possible in principle in a beginning part, detailed descriptions are provided. Because a part which has copyrightability secures the compatibility and machine readability with overseas, it is mentioned that it can be used by “Attribution license (CC- BY)” adapting the Creative Commons License.

7.  Please look at following to see details. [The chart published in a list and the text in which the source of the third party is indicated. ]  There is a possibility that the third party may have copyright and other rights (ex. Image rights, Publicity rights, etc.) for the chart published in a chart list or the text in which the source of third party is indicated. Please be careful not to infringe on a third party's right in use.  Under the Copyright Act, there is a case in which you can use information without consent of copyright holders such as a quotation, even if the third party has a copyright. (the utilization method in which a copyright holder's consent is unnecessary) (abbr.) [The chart which is not published in a chart list and the text which doesn’t indicate the source of the third party. ] Since there is no copyright in digital data, easy tables and graphs, these can be used freely but indication of the source is necessary. The country has copyrights of texts and figures which have copyrightability. However, it is accepted to be used freely by “Creative Commons license Attribution 2.1 Japan”. Please reprint the following license mark in use. WHITEPAPER Information and Communications in Japan (2012)by MIC is licensed under a Creative Commons Attribution 2.1 Japan License.http://creativecommons.org/licenses/by/2.1/jp/http://creativecommons.org/licenses/by/2.1/jp/ Reference: User Policy of WHITEPAPER Information and Communications in Japan Source: MIC “Implementation of open data of WHITE PAPER Information and communications – first adaption of user policy to permit free secondary use of governmental WHITEPAPER.” April 19,2013.

8. Reference: User Policy of WHITEPAPER Information and Communications in Japan  Disclaimer  All possible measures are taken for the accuracy of the published information, however, if there is any incorrect information, please contact us.  In addition, Ministry of Internal Affairs and Communications are not responsible for any losses occurred to users by having used the information published in WHITEPAPER Information and Communications in Japan (2010-2012)  Contact information about WHITEPAPER Information and Communications in Japan.  Ministry of Internal Affairs and Communications, Global ICT Strategy Bureau, ICT Strategy Policy Division TEL: 03-5253-5720 FAX: 03-5253-6041 E-MAIL: hakusho@soumu.go.jp Source: MIC “Implementation of open data of WHITE PAPER Information and communications – first adaption of user policy to permit free secondary use of governmental WHITEPAPER.” April 19,2013.

9. 2. Trend in open data (user policy) in Japan  Overview of FY2012: preparation and trial for the user policy to permit secondary use.  In the data governance committee, the user policy which enables secondary use including a modification of the data already released was drafted after implementing the case study of the "white paper information and communications in Japan” etc. of MIC.  Ministry of Internal Affairs and communications implemented the open data of “WHITE PAPER Information and Communications in Japan” based on the user policy drafted in the data governance committee. In addition, Ministry of Economy, Trade and Industry begun to open the own data to the public by the creative common license in Open DATA METI. Hence Open data was started in order to permit the secondary use.  “Open Data” includes information release under the user policy which enable the secondary use and in the data format for machine readability. Here, the user policy is only discussed.  “Road Map for Electronic Administration Open Data promotion (provisional title)” and “Basic approach (guideline) to open the data of ministries for secondary use promotion (provisional title)” were established in the Electronic Administration Open Data Working level Meeting. 8

10. 2. Trend in open data (user policy) in Japan  The view in FY2013 : Maintenance of the structure for open data promotion.  It is necessary to improve the structure for advancing open data in the whole government including other prefectural offices although a part of open data was implemented by the Ministry of Internal Affairs and Communications, and the Ministry of Economy, Trade and Industry, etc.  It is necessary to develop a manual for data holders etc. to perform open data of governmental data positively.

11. 3. Proposal for activity policy for fiscal 2013 of the Data Governance Committee 10 titleoutline brush up the user policy etc., Examine tasks in the case the user policy made in 2012 is applied to the whole homepage of each ministry. Feed back the opinions about the data already released as open data. Then brush up the user policy (draft). preparation of a manual for data holders For the data holders, establish a manual which explains contents of the user policy clearly and summarize considerations to implement open data and procedures to select a use condition. Discussion of topics for secondary use promotion and promotion policy. For the data which is not correspondent to the secondary use, sort problems for secondary use promotion, then examine a policy for the further development of open data. 1.Discuss organizations who are going to release the data as open data and a structure to support a work of staff. 2.Establish a closer relationship with the Utilization and Promotion Committee, then have discussion with needs of data users and data holders. （１） Activity policy (proposal) （２）Main Activities (proposal)