Establishes the open data law

Summary of specific provisions

Section 103 of the state technology law is amended by adding a new subdivision to create and maintain the open data website and carry out the duties pursuant to article 6-B of the public officers law.

The public officers law is amended by adding a new article 6-B to read as follows:

Section 99-b. Provides for the definitions of "covered state entity," "data," "data set," "publishable state data," and "technical standard."

Section 99-c. Provides for the establishment of an open data website by the Office of Information Technology Services in order to provide access to publishable state data that is owned, controlled, collected or otherwise maintained by covered state entities. The Office of Information Technology Services, in coordination with the Committee for Open Government, and the data working group shall coordinate implementation and expansion of the open data website to facilitate the sharing of information. Further, each covered state entity shall designate a data coordinator, who shall have authority to make decisions or otherwise bind a covered state entity, have knowledge of data and resources in use by the entity, and shall be responsible for that covered state entity's compliance with this article.

Section 99-d. Provides for the Office of Information Technology Services to establish a data working group made up of representatives from the Office of Information Technology Services and the Information Security division of the Office of Information Technology Services, the Office of General Services, the Division of Budget, the Committee on Open Government, a representative from the Department of State with expertise in local governments, and between eight and twelve data coordinators who shall represent an appropriate cross-section of covered state entities.

Section 99-e. Outlines how covered state entities shall make their publishable state data available on the open data website.

Section 99-f. Provides for participation by other state entities and political subdivisions such that they may submit data to the open data website for publication.

Section 99-g. Requires the Office of Information Technology Services, in consultation with the data working group, and the Committee on Open Government to prepare and publish guidelines for publishing state data in raw or unprocessed form for the purpose of making public data available to the greatest number of users and for the greatest number of applications.

Section 99-h. Provides for the reporting requirements of the Office of Information Technology Services.

Section 99-i. Provides for the severability of provisions in this article.

Justification

Since its enactment in 1974, users of the Freedom of Information Law (FOIL) have been able to submit written requests to "pull" records out of government agencies. In many areas of government, however, new technologies have made this approach unduly burdensome, costly and slow. There is an international trend toward proactive disclosure of government information, and New York agencies similarly need to develop the capacity to "push" information to the public. By facilitating the release of relevant information through an open data website, the state can, without the need for any specific request, enable improvements in government efficiency and effectiveness, educate and empower citizens, and unleash public and private sector creativity and innovation.

Several state and local government agencies, including the City of New York, routinely post records online, and this trend should be embraced, encouraged, and expanded. Making vast amounts of valuable government-held information more widely available, and facilitating its use, has the potential to increase the state's accountability and responsiveness, improve public knowledge of its operations, create economic opportunity, and respond to a need or demand identified after public consultation.

This platform for transparency, participation, and collaboration promises to transform the relationship between the public and their government.

Prior legislative history

S.7380 of 2014 - Died in Investigations and Government Operations

Fiscal implications

Undetermined.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.