Open Government Data bill (for comments)

[Seth Cohn]

This isn't quite on topic for the list, but it's certainly within reason...
think what you would do with RSS feeds, XML, and other useful things
like that being generated from the data at the State level...

The principles are based on the 2007 summit that set up the basic ideas:
http://resource.org/8_principles.html
http://www.opengovdata.org/home/8principles

yours,
Rep. Seth Cohn

The text of the Open Government Data bill (subject to revisions still,
but hurry with your suggestions):

AN ACT                relative to the use of open data formats and the
adoption of a statewide policy regarding open government data
standards.
SPONSORS:         [sponsors]
COMMITTEE:       [committee]

ANALYSIS

     This bill directs the commissioner of information technology to
develop a statewide information policy based on certain principles of
open government data.  The bill also promotes the use of open data
formats by state agencies.

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Explanation:            Matter added to current law appears in bold
italics.
                                   Matter removed from current law
appears [in brackets and struckthrough.]
                                   Matter which is either (a) all new
or (b) repealed and reenacted appears in regular type.

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT                relative to the use of open data formats and the
adoption of a statewide policy regarding open government data
standards.

Be it Enacted by the Senate and House of Representatives in General
Court convened:

1  Statement of Purpose.  The general court is committed to using
technology to foster open, transparent, and accessible state
government and finds that, by sharing data freely, the state will
generate new opportunities for economic development, commerce, and
civic engagement for the citizens of this state.  The general court
further finds that adoption of open government data standards will
improve transparency, access to public information, and coordination
between state agencies and the private sector by providing timely
access to relevant information in a less costly manner.  In
furtherance of these objectives, this legislation lays the groundwork
for adoption of a statewide information policy based on the principles
of open government data and encourages the adoption of open data
formats by state agencies.

2  Department of Information Technology; Duties of Commissioner
Regarding Acquisition of Information Systems.  Amend RSA 21-R:4, I to
read as follows:

I. Providing technical information technology consultation to all
executive branch agencies and to any other agency that requests it,
including technical advice consistent with the principles of open
government data established in RSA 21-R:7-a and RSA 21-R:8-b during
the development or acquisition of information systems.

3  New Section; Statewide Information Policy; Open Government Data
Standards.  Amend RSA 21-R by inserting after paragraph 7 the
following new paragraph:

21-R:7-a  Open Government Data Standards.

I.  The commissioner shall develop a statewide information policy
based on the following principles of open government data.  According
to these principles, open data is data that is:

     (a) Complete.  All public data is made available.  Public data
is data that is not subject to valid privacy, security or privilege
limitations.

     (b)  Primary.  Data is collected at the sources, with the
highest possible level of granularity, not in aggregate or modified
forms.

     (c) Timely.  Data is made available as quickly as necessary to
preserve the value of the data.

     (d) Accessible.  Data is available to the widest range of users
for the widest range of purposes.

     (e) Machine processable.  Data is reasonably structured to allow
automated processing.

     (f) Non-discriminatory.  Data is available to anyone, with no
requirement of registration.

     (g) Non-proprietary.  Data is available in a format over which
no entity has exclusive control.

     (h) License-free. Data is not subject to any copyright, patent,
trademark, or trade secret regulation.  Reasonable privacy, security,
and privilege restrictions may be allowed.

II.  The information policy developed under paragraph I shall include
a mechanism for adoption and review by each state agency.  Upon
adopting the policy, an agency shall designate a contact person
responsible for oversight and implementation of open government data
standards for that agency.  The contact shall act as a liaison between
the department, the implementing agency, and the public in matters
related to open government data standards.  The commissioner shall
include the status of the development and implementation of the
statewide information policy based on open government data standards
in the quarterly report to the legislative oversight committee in RSA
21-R:9.

4  New Section; Department of Information Technology; Open Data
Formats.  Amend RSA 21-R by inserting after section 8-a the following
new section:

21-R:8-b  Open Data Formats.

I.  The commissioner shall assist state agencies in the purchase or
creation of data processing devices or systems that comply with open
standards for the accessing,  storing, or transferring of data. The
commissioner shall:

                       (a)  Ensure that any new data standards which
the state of New Hampshire defines and to which it owns all rights are
open standards compliant.

                       (b)  Use open standards unless specific
project requirements preclude use of an open data format.  Neither the
current storage format of previously collected data, nor current
utilization of specific software products, is a sufficient reason, in
the absence of other specific overriding functional requirements, to
use a restricted format.

                       (c)  Reexamine existing data stored in a
restricted format, to which the state of  New Hampshire does not own
the rights, every 4 years to determine if the format has become  open
and, if not, whether an appropriate open standard exists.

                       (d)  Make readily accessible, on the state
website, documentation on open data formats used by the state of New
Hampshire.  When data in open format is made available through the
state's website, a link shall be provided to the corresponding data
format documentation.

II.   In this section:

(a) "Open standards" means specifications for the encoding and
transfer of computer data that:

                             (1)  Is free for all to implement and
use in perpetuity, with no royalty or fee;

                             (2)  Has no restrictions on the use of
data stored in the format;

                             (3)  Has no restrictions on the creation
of software that stores, transmits, receives, or accesses data
codified in such way;

                             (4)  Has a specification available for
all to read, in a human-readable format, written in commonly accepted
technical language;

                             (5)  Is documented, so that anyone can
write software that can read and interpret the complete semantics of
any data file stored in the data format;

                             (6)  If it allows extensions, ensures
that all extensions of the data format are themselves documented and
have the other characteristics of an open data format;

                             (7)  Allows any file written in that
format to be identified as adhering or not adhering  to the format;
and

                             (8)  If it includes any use of
encryption, provides that the encryption algorithm is usable in a
royalty-free, nondiscriminatory manner in perpetuity, and is
documented so that anyone in possession of the appropriate encryption
key or keys is able to write software to unencrypt the data.

           (b)  "Restricted format" means any data format that is
accessed, stored, or transferred and is not open standards compliant.


     5  Effective Date.  This act shall take effect 60 days after its
passage.