Requires public disclosure of certain state agency materials, and authorizes the office for technology to publish a technical standards manual for the publishing of

Summary of specific provisions

Section 1: Provides that this act shall be known as the "Open New York Act."

Section 2: Amends section 86 of the public officers law to add defi- nitions for the following terms: "consensus," "technical standard," "voluntary consensus standards," "voluntary consensus standards bodies."

Section 3: Requires that all records available pursuant to the provisions of section 87 of the public officers law shall be available in electronic form in accordance with the provisions of section 87-a of this article.

Section 4: Amends the public officers law by adding a new section 87-a:

-Requires the committee on open government to promulgate rules estab- lishing an internet record policy for the state of New York no later than January 3rd, 2011;

-Requires the committee on open government to consult with the office of technology regarding preparation, publishing, and periodic updating of a technical standards manual for publishing records on the internet;

-Requires each state agency to review the records under its control and classify them as immediate, priority, legacy or exempt;

-Requires each state agency to submit an agency compliance plan to the governor and legislature no later than January 3, 2011;

-Requires each state agency to make its records available for inspection by the public through the internet on a single web portal pursuant to the timetable established in the agency's compliance plan;

-Provides that all records shall be available on a permanent basis, in machine-readable and unprocessed electronic format, and in their complete form, except for those records classified as exempt;

-Provides that all records shall be available to the public without any registration requirement, license requirement, fees, or restrictions on their use unless otherwise provided by law;

-Provides that state agency records shall be classified as "immediate," "legacy," "priority," or "exempt";

-Establishes a timetable by which records will be made available on the internet, according to category;

-Provides that no fees may be charged for physical copies of records not made available on the internet as required by the timetable.

Section 5: Amends Section 103 of the state technology law to authorize the office for technology to publish a technical standards manual for the publishing of records on the internet by state agencies. Authorizes the office for technology to adopt such rules and regulations as neces- sary. Provides that the office will create and oversee the central web portal.

Section 6: Act to take effect immediately.

Justification

New York's Freedom of Information Law establishes "that government is the public's business and that the public...should have access to the records of government." The right of access to public records derives from the most basic tenets of American democracy; it is an essential element of government of, by, and for the people. In the internet age, this right can and must include the right to access infor- mation online.

To be meaningful, public access to records must be unencumbered by any unnecessary obstacles. In the information age, government and citizens can benefit from, and indeed have come to expect, the free flow of information via the interact. The capacity of the internet to make a vast array of data accessible to the public in real time has fundamen- tally altered our underlying assumptions as to what it means for infor- mation to be available. In the new context, the failure to make informa- tion available on the internet constitutes a significant and unnecessary obstacle to public access.

The Obama administration has led the way in opening government data to the public, using sites such as www.data.gov and www.recovery.gov to improve transparency and allow taxpayers to see how their money is being used. At the same time, open government data advocates have established a set of simple principles to describe government data that is truly open. According to these principles, open data is data that is:

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

2. Primary: Data is as collected at the source, with the highest possi- ble level of granularity, not in aggregate or modified forms.

3. Timely: Data is made available as quickly as necessary to preserve the value of the data.

4. Accessible: Data is available to the widest range of users for the widest range of purposes.

5. Machine processable: Data is reasonably structured to allow automated processing.

6. Non-discriminatory: Data is available to anyone, with no requirement of registration.

7. Non-proprietary: Data is available in a format over which no entity has exclusive control.

8. License-free: Data is not subject to any copyright, patent, trademark or trade secret regulation. Reasonable privacy, security and privilege restrictions may be allowed. [OpenGovData.org; "8 Principles of Open Government Data;" http://resource.orW8_principles.html; accessed 2/18/10]

Open government data also promises to unleash entrepreneurialism and civic creativity, by allowing anyone to turn machine-processable, free- ly-available data into an application that can be used-on a laptop, desktop, or mobile device-to make government data work for citizens in every day life. Already, developers using various government data sets have created applications allowing users to compare cancer or unemploy- ment rates in different locations (www.thisweknow.org), to map out the safest routes home at night (www.outsideinde.corn/stumblesafely), to subscribe to news feeds telling them about new building permits or liquor license applications in their neighborhoods (www.everyblock.conm), to navigate their local school systems (www.bigappleed.com), or to get traffic updates, recreation options, restaurant inspection results, post office locations, fire and medical response times, and more all in one package (www.nycway.com). Opening up New York State's data to the public will enable entrepreneurs to create applications using information about health, crime and safety, transpor- tation, housing, consumer matters, environmental quality, and much more- benefiting New Yorkers across the state.

Advocates and developers such as those working with the W3C eGovernment Interest Group have done significant groundwork in developing open government data directives and best practices, creating an opportunity for fruitful collaboration between government and the technology sector - and, ultimately between government and citizens. This legislation begins that partnership by providing, for the first time, that all New York State data subject to the FOIL be made available on the internet according to the eight principles of open government data.

Open data promises a new relationship between citizens and government - but one that is grounded in the root principles of American democracy.

Prior legislative history

None.

Fiscal implications

Undetermined.

Effective date

Act to take effect immediately.